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J LIBRARY OF CONGRESS. J 



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J UNITED STATES OF AMERICA { 



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BROWN'S 

Government of Indiana ; 



INCLUDING THE 



HISTORY, RESOURCES, AND JURISPRUDENCE 



OF TH E STATE. 



ALSO, A BRIEF OUTLINE OF THE 

HISTORY AND GOVERNMENT 



OF THE 



UNITED STATES. 



; 



BY CHARLES R. BROWN, 

Author of " Michigan Nisi Prius Reports," "The Government of Michigan, 
its History and Jurisprudence— also, a Brief Outline of the Govern- 
ment of the United States;" "The Government of Ohio, s\ 
its History, Resources and Jurisprudence," etc. 

■ 

PUBLISHED BY 

THE GOVERNMENTAL PUBLISHING CO., 

KALAMAZOO, MICH. 

187o. 






^ 



Entered according to Act of Congress, in the year 1875, 

By CHARLES R, BRO \YX, 
in the Office of the Librarian of Congress, at Washington. 



Printed by 

Kalamazoo Publishing Co., 

Kalamazoo. Mich. 



TABLE OF CONTENTS. 



HISTORY OF INDIANA. 

CHAPTER. PAGE. 

1. Explorations and Labors of the French Jesuits in the 

Northwestern Territory — Indian Traders, . . 11 

2. Establishment of Trading-Posts, Forts and Missions — 

Difficulties between the French and English, . . 13 

3. French and English Claims — Pontiac's War — French 

Settlements — Land Claims — Campaigns of Clark and 
McDonald, . . . . . . . 16 

4. The Ordinance of 1787, . . . . .20 

5. Establishment of Government in the Northwest Terri- 

tory — Division of Territory — Early Legislation — In- 
temperance among the Indians — Negro Apprentice- 
ship, . . . . . ... 23 

6. Early Legislation — Difficulties with the Indians — Gen. 

Harrison's Campaign— The War of 1812, . . 28 

7. Organization of the State Government — The State Capi- 

tal—Early Settlements— 1816 to 1823— Removal of the 

State Capital to Indianapolis, . . 32 

8. State Bank of Indiana, ... . . 35 

9. The State Internal Improvement System, . . 37 

10. The Public Lands — Government Surveys — Subdivisions 

of Townships and Sections, . 42 

11. Statistics of Indiana, . .... 48 

12. The Log Cabin, . . . . . 52 

13. Governors of Indiana, . . . . .53 

14. Topography and Mineral Resources of the State of In- 

diana, .... . . .55 

GOVERNMENT AND LAW. 

15. Of Laws and their Necessity — Rights — Organization of 

Government— Duties, . . .59 

16. Of the Different forms of Government— Constitutions, 

and the purpose they serv< — Divisions of the Powers 

of Government of the State of Indiana, ... 63 

17. Government of Indiana— Divisions of the Powers of 

Govern en t, . . . . ... 64 



yii TABLE OF CONTEXTS. 

CHAPTER. PAGE. 

18. Qualifications of Electors— Naturalization of Foreigners 66 

19. Elections— How Conducted— Challenge of Persons Offer- 

ing to Vote, ..... .69 

20. Of Elections, Continued— Of Ballots and Challenges, . 72 

21. Of Elections, Continued— Canvass of Votes and Return 

Of Poll-Books, . . . . . . 74 

22. How the President and Vice-President of the United 

States are Elected, . . . . .77 

23. The General Assembly — How Organized — Its General 

Powers and Duties, * . . . . .80 

24. Of the Enactment of Laws — Election of United States 

Senators, . . . ... 83 

EXECUTIVE DEPARTMENT. 

2d. Executive and Adminstrative — Duties of the Governor, 

Lieutenant-Governor, and Secretary of State, . 86 

26. Of State Officers and their Duties, Continued — Secre- 

tary of State — Auditor of State — State Treasurer — 
Attorney-General — Superintendent of Public Instruc- 
tion — Clerk of the Supreme Court — Reporter of Su- 
preme Court, . . . 88 

27. Of State Officers, Continued — State Geologist — Libra- 

rian — State Agent— Commissioners — Notaries Public, 91 

28. Of Counties and County Officers, . . .95 

29. Of County Commissioners, . . 99 

30. Of Township and Township Officers, . .100 

31. Cities and Villages, . . .... 102 

JUDICIAL DEPARTMENT. 

32. Establishment and Jurisdiction of Courts, . . 105 

EDUCATION AND EDUCATIONAL INSTITUTIONS. 

33. Common Schools— School Officers and their Duties, . Ill 

34. Of Common Schools, Continued — School Districts- 

School Directors— School Meetings— County Superin- 
tendents—Examination of Teachers— Comity Board, 114 

35. Of Public Schools, Continued— Township Institutes- 

Schools for Colored Children— Superintendent of Pub- 
lic Instruction— State Board of Education— County 
Institutes — School Terms, Months and Weeks— The 
Bible— Commissioners in Cities, . . . 117 

36. Universities, Colleges, Normal Schools, Academies and 

Female Seminaries, .... 121 

37. The State University— Purdue University—The State 

Normal School— Other Institutions, . . 123 



137 
140 



159 



164 



TABLE OF CONTENTS. Till 

CHAPTER. PAGE 

Table of Universities, Colleges, Academies, and 

Seminaries of Indiana, .... 127 

BENEVOLENT, PENAL, AND REFORMATORY IN- 
STITUTIONS. 

38. Benevolent Institutions, . ... 129 

39. Penal and Reformatory Institutions, . . . 132 

CRIMES AND MISDEMEANORS. 

40. Public Wrongs — Necessity for Punishment — Offenses, 

How Classified, . . . 

41. Abstract of Criminal Laws, 

REVENUES OF THE STATE. 

42. Assessment and Collection of Taxes, 

REAL ESTATE AND PERSONAL PROPERTY 

43. Real Estate — Deeds — Powers of Attorney — Mortgages- 

Of Personal Property — Title by Descent, 

DOMESTIC RELATIONS. 

44. Marriage, Relations Concerning — Husband and Wife — 

Apprentices, . . .... 171 

SUNDRY MATTERS AFFECTING CIVIL RIGHTS. 

45. The Law Concerning Liens, .... 175 

46. Money and Interest — Weights and Measures, . . 178 

47. Appropriation of Private Property to Public Use — Emi- 

nent Domain, ...... 180 

48. Salaries of Officers, . . . . . . 183 

INDIANA IN THE WAR OF THE REBELLION. 

49. What Indiana Contributed to Save the Nation, . . 185 

GOVERNMENT OF THE UNITED STATES. 

1. Colonial Governments — Government under the Articles 

of Confederation— Organization of the Federal Gov- 
ernment, . . . ... 187 

2. Executive Department of the Government of the 

United States, . . . . .190 

3. Legislative Department of the Government of the 

United States— The Different Secretaries and their 
duties, ..... . . 192 

4. Government of the United States, Continued—- The Ju- 

dicial Department — Salaries of Officers, . . . 194 



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PREFACE. 



The object of this work is to supply a want long felt 
and now fully recognized by the people. Books have 
"been written on the science of government, which have 
gained admittance into our schools ; and many of our 
youth have in this way acquired much valuable informa- 
tion. They have learned some of the first lessons of civil 
government, and have been made acquainted with the 
outline of the government and perhaps history of the 
United States ; but as yet they have not been supplied 
with that information concerning our own State so im- 
portant to enable them to discharge their duties as citi- 
zens. 

If we would love the country, we must know what it 
is; if we would revere our institutions, we must study 
them; if virtue consists in obedience to law, we must 
learn what are the advantages to be derived from obe- 
dience to the rules prescribed for our conduct, and the 
harm and injury resulting from disobedience. The sooner 
these tilings are understood the better will it be for the 
state, for the nation, and for humanity. 

If, during the golden age of Roman jurisprudence, it 
was disgraceful tor a patrician and a noble to be ignorant 



X PREFACE. 

of the law with which he had to do, what shall we say of 
those who, ignorant of the laws of the commonwealth, 
attempt to govern the people and to legislate for them ? 

It is the theory of our government that merit is the 
citizen's guarantee of success ; that worth, not wealth, 
makes the man : that moral and intellectual fitness, not 
hereditary honors, gives to our countrymen place and 
power, and assigns to our citizens their proper sphere in 
the civil, political, and religious circles. 

We should always bear in mind that we are Ameri- 
can citizens, and as such have in our keeping the institu- 
tions transmitted to us by the heroes of '76, as an inheri- 
tance more precious than the world's wealth — an inher- 
itance that must not be permitted to deteriorate, but that 
must be protected, improved, and cultivated by a wise 
statesmanship, so that our institutions shall continue to 
shed their luster and demonstrate to the world that free- 
dom rather than tyranny, liberty rather than despotism, 
shall triumph. This duty we owe, not to ourselves and 
our posterity only, but to the victims of despotic arro- 
gance in the old world, to the oppressed of every clime, 
who are invited to share in the immunities guaranteed to 
us in the magna charta of our liberties. 

In introducing to the public The Government of In- 
diana, the author entertains the hope that its pages will 
be found to embrace information tending to fit and pre- 
pare the student to discharge faithfully and well the du- 
ties of citizenship, and to strengthen his attachment and 
increase his love for the institutions of the country. 



GOVERNMENT OF INDIANA. 



HISTORY OF INDIANA. 



CHAPTER I. 



EXPLORATIONS AND LABORS OF THE FRENCH JESUITS IN THE 
NORTHWESTERN TERRITORY — INDIAN TRADERS. 

The territory northwest of the Ohio river was partly 
explored by some French explorers as early as the year 
1610. In 1632, Father Sagard visited the country along 
the shores of Lake Huron. In 1631, a party of Indians 
belonging to the Huron tribe visited Quebec, a walled 
city in Canada. On their return they were accompanied 
by the Jesuits Breboeuf and Daniel, who located upon 
the shore of Lake Iroquois, a bay of Lake Huron, and in- 
structed the natives in religious matters. 

In 1611, a number of French Jesuits paddled a bark 
canoe from the St. Lawrence river up through the Otta- 
wa river, thence crossing over to Lake Nipissing, thence 
down the French river to the Georgian Bay, and passing 



12 GOVERNMENT OF INDIANA. 

the islands of Lake Huron, they reached the Falls of St. 
Mary, where they established a mission. 

In 1660, Rene Mesnard attempted an exploration of 
the territory around Green Bay and Lake Superior. In 
October of that year, he reached a bay on the southern 
shore of Lake Superior, which he called St. Theresa. 
After remaining there for about eight months, he was 
lost in the forest. His breviary and cassock were subse- 
quently discovered among the amulets of the Sioux, by 
whom he was probably murdered. 

In 1666, Father Allouez established a mission at the 
Falls of St. Mary, now called Sault Ste. Marie, where, in 
1668, he was joined by Fathers Dablon and Marquette. 
In the course of the next three years they explored the 
country along the shores of Lake Michigan, making the 
entire circuit of that lake. In 1671, Marquette built a 
chapel at Mackinaw, formerly called Michilimackinac, 
also Mackinac. 

In 1673, Father Marquette and Joliet sailed through 
the Straits of Mackinaw, on their way to discover the 
Mississippi. They were followed, six years later, by 
Robert de la Salle, who built and navigated the Griffin, 
a bark of sixty tons burden — the first vessel that ever 
floated on the northwestern lakes. The Griffin had on 
board Louis Hennepin, the missionary, and a party o* 
fur-traders, who landed at Michilimackinac, erected a 
fort, and established a trading-post. 

In the fall of 1679, La Salle and his men went to 
Green Bay, procured a cargo of furs, and dispatched them 
in the Griffin for Niagara ; but the vessel was lost on the 
voyage. 



GOVERNMENT OF INDIANA. 13 

From Michilimackinac, La Salle and fourteen of his 
men paddled their canoes up Lake Michigan to the 
mouth of the St. Joseph river, where they erected a rude 
fort. 

In July, 1701, Antoine de la Cadillac, with a Jesuit 
missionary and one hundred men, located at the present 
site of Detroit, and commenced a permanent settlement. 
Here they erected a stockade, which they named Fort 
Ponchertrain. 

The forts erected at Green Bay, Ste. Marie, St. Jo- 
seph, Michilimackinac, Fort Gratiot, Detroit, the mouth 
of the Wabash, and other points, were designed as out- 
posts, by which the claim of the French to govern the ter- 
ritory could be supported, and the traders and missiona- 
ries be protected. 



Questions. — In what year was the country northwest of the Ohio river 
partially explored? Give the dates and particulars of the visits of Sagard, 
Brebceuf, and Daniel. State what was done by certain French Jesuits in 
1641. What is said of Rene Mesnard ? Of Allouez, Dablon, and Marquette? 
Of Marquette and Joliet? Of La Salle and those who accompanied him? 
Of Antoine de la Cadillac? For what purpose were certain forts erected ? 



CHAPTER II. 



ESTABLISHMENT OF TRADING-POSTS, FORTS, AND MISSIONS — 
DIFFICULTIES BETWEEN THE FRENCH AND ENGLISH. 

The Miami village, which stood at the head of the 
river Maumee; the Wea villages, which were situated 



14 GOVERNMENT OF INDIANA. 

about Ouiatenon, on the Wabash river ; and the Pianke- 
shaw village, which stood on or about the site of Vin- 
cennes, were regarded by the early French traders as 
suitable places for the establishment of trading-posts. It 
is probable that, before the close of the year 1719, tempo- 
rary trading-posts were erected at the sites of Ft. Wayne, 
Ouiatenon, and Vincennes. These points, it is believed, 
had been visited often by traders before the year 1700.* 
There is a tradition that La Salle built a fort at the head 
of the Maumee in 1680 ; but this does not seem to be well 
authenticated. In 1705, Santer Vincennes was at Keki- 
onga, where he found several traders from Pennsylvania, 
and erected, it is supposed, the French stockade at the 
present site of Fort Wayne, north of the Catholic hospi- 
tal, between the canal and St. Mary's river, in the old Tip- 
ton or Rock Hill orchard, near the residence of Judge 
McCulloch. This fort was destroyed by the Indians about 
the year 1745. A new fort was erected in 1748. In 1760 
-61, the English erected a fort on the east bank of the St. 
Joseph river, at Fort Wayne. This fort was surrendered 
to the Indians in the spring of 1763, but again fell into 
the hands of the English in 1764. 

In 1749, a church or mission was established under 
the charge of the missionary Meurin, at the Piankeshaw 
village which stood at the site of Post Vincennes (called 
Post Vincent, St. Vincent or au Post, etc.). 

In 1750, a fort was built at that place, and another 
slight fortification about the same time, at the mouth of 
the Wabash river. During the years 1754-5-6, a goodly 
number of emigrants arrived at Vincennes from Kaskas- 



c Dillon's History of Indiana, p. 54. 



GOVERNMENT OF INDIANA. 15 

kia, a post on the Mississippi, and from Detroit, Canada, 
and New Orleans. 

About the close of the year 1754, there were seven- 
teen French posts in the country lying north of the river 
Ohio, viz., two on French creek ; Du Quesne, at the pres- 
ent site of Pittsburgh; Sandusky; Miamis, on the river 
Maumee ; St. Joseph, on the St. Joseph of Lake Michi- 
gan ; Ponchartrain, at Detroit ; Michilimackinac ; Fox 
river of Green Bay ; Creve Coeur and Rock Fort, or Fort 
St. Louis, on the river Illinois ; Tincennes ; mouth of the 
Ohio ; mouth of the Wabash ; Cahokia, on the eastern 
bank of the Mississippi, about twenty-three miles below 
the mouth of the Missouri ; Kaskaskia, on the eastern 
bank of the Mississippi, about one hundred miles above 
the mouth of the Ohio ; at the mouth of the Missouri.* 

Between the years 1719 and 1751, the French and 
their Indian allies captured several English traders on 
the borders of the Ohio river, seized their peltries and 
other commodities to the value of £20,000 sterling,- 
and took possession of a block-house and truck-house 
which the agents of the Ohio Company had erected 
on the banks of the Ohio, at Loggstown. The Ohio 
Company was a land company, chartered by George II., 
of Great Britain, in 1748. In 1719. this company received 
a grant of about half a million acres of land lying on and 
near the borders of the Ohio river, and were invested 
with the exclusive privilege of trading with the western 
Indian tribes. 



* Present state of North America, London ed., 17"). North American 
Review, xlix, 7i». Annals of the West, 11. 
fRider's History, xi, 71. Smollett, ii. L52. 



16 GOVERNMENT OF INDIANA. 

The Twightwees or Miami Indians, in resentment of 
these injuries done to their English allies, captured three 

tch traders and sent them as prisoners to the English 
authorities of Pennsylvania. 

In the year 1752, the English trading-post on Lara- 
mie's creek* was taken by the French and Indians, who 
killed fourteen of the Twightwees, in order to punish the 
tribe for their temporary alliance of friendship with the 
English. 



Questions.— What villages were regarded by the French as suitable places 
for the establishment of trading-posts? What is said of the temporary trad- 
ing-posts ? Of forts at the present site of Fort Wayne ? When and by whom 
was the first mission established at Vincennes? What is said of the build- 
ing of forts in 1750 ? Of the arrival of emigrants at Vincennes ? What is said 
of the French posts at the close of the year 1754? What was done by the 
French and their Indian allies between 1749 and 1754? Of the Twightwees 
and Miami Indians ? English trading-post on Laramie creek ? 



CHAPTER III. 



FRENCH AND ENGLISH CLAIMS — PONTIAC'S WAR — FRENCH 
SETTLEMENTS — LAND COMPANIES — CAMPAIGNS OF CLARK 
AND MCDONALD. 

Prior to 1760. France claimed all of Canada and to 
the borders of the Mississippi, while the English occupied 
most of the country east of the Alleghany mountains. 
The English, however, claimed dominion west of the Al- 



Situated on one of the branches of the Great Miami, in north latitude 
40 deg., lo mm., west longitude 7 dee:., 15 min. 



GOVERNMENT OF INDIANA. 17 

leghanies, on the alleged ground that the Six Nations 
owned the Ohio valley, and had placed it under the pro- 
tection of England. 

The Six Nations were six tribes of Indians — the On- 
ondagas, Cayugas, Oneidas, Senecas, Mohawks, and Tus- 
caroras. 

Both countries desired supremacy over the northern 
portion of the New World, and a fierce struggle between 
them ensued. In November, 1760, Detroit, Michilimack- 
inac, and all the posts within the government of Canada 
that were in possession of the French, were surrendered 
to the English Crown. 

While some of the Indians cheerfully acquiesced in 
the change from the rule of the French to that of the 
English, a large proportion of them were dissatisfied, and 
still retained a strong friendship for the English govern- 
ment. In the month of May, 1763, a simultaneous attack 
was made upon the forts of Le Boeuf, Venango, Presque 
Isle, Michilimackinac, St. Joseph, Miamis, Green Bay, 
Ouiatenon, Pittsburgh, Sandusky, Niagara, and Detroit. 
This attack resulted in a most frightful massacre at each 
of these points; Detroit, Pittsburgh, and Niagara being 
the only places that did not fall into the hands of the 
savages. . 

Pontiac, an Ottawa chief, who lived on Pechee Isl- 
and, about eight miles above the city of Detroit, was at 
this time the most prominent and influential leader among 
the Indians, Hence this war is known in history as the 
Pontiac War. 

The siege of Detroit by Pontiac continued for eleven 



IS GOVERNMENT OF INDIANA. 

months, when the post was relieved by Gen. Bradstreet, 
with an army of three thousand men. 

In 1765, there resided within the present limits of In- 
diana, at Post Vincennes, about eighty French families ; 
fourteen at Fort Ouiatenon, on the river Wabash ; and 
nine or ten at the Twightwee village situated at the con- 
fluence of the St. Joseph and St. Mary's rivers.* 

Early in 1774, the Indians became troublesome, and 
committed depredations upon the white settlements. In 
the same year, an expedition under Col, McDonald made 
an attack upon the Indians, and destroyed their town of 
Wapatomica, a few miles above the present site of Zanes- 
ville, Ohio. 

In the fall of 1771, the Indians were defeated at 
Point Pleasant, on the Virginia side of the Ohio ; and 
soon after this, Lord Dunmore met the Indians at Camp 
Charlotte, in what is now Pickaway county, Ohio, and 
made peace with them. 

During the war of the Revolution, the Indians of the 
country afterwards included in the Northwest Territory 
were induced to make war upon the American settle- 
ments in Xew York, Pennsylvania, and Virginia ; and in 
1778, Col. George Rogers Clarke led an expedition against 
the ancient French settlements about Kaskaskia and 
Post Vincennes. The latter post, then under command 
of Lieut. Gov. Hamilton, was besieged and surrendered 
to the American force on the 25th of February, 1779. 

The day following the surrender of Post Vincennes, 
Col. Clarke sent a detachment up the Wabash river to 

*CrogharTs Journal. 



GOVERNMENT OF INDIANA. 19 

intercept some boats laden with stores and provisions, 
that had been sent from Detroit and were designed for 
the British forces at the fort. The Americans proceeded 
in three boats up the river about a hundred and twenty 
miles, when they met the British boats, seven in num- 
ber, and surprised and captured them without firing 
a gun. The English boats had on board about $50,000 
worth of goods and provisions, which were divided among 
the soldiers. 

Col. Clarke's regiment were allowed by the govern- 
ment, for their services in the Northwest. 150,000 acres of 
land, which they located north of the Ohio, opposite the 
falls, and on which the town of Clarksville was founded. 

During the years 1785-6, there were frequent skir- 
mishes between the whites and Indians near Yincennes, 
in which a considerable number of lives were lost. In 
the latter year, an expedition under Col. Clark was un- 
dertaken against Ouiatenon, one of the Indian towns near 
the mouth of the Wea ; but, after advancing as far as the 
Vermillion river, one hundred miles above Yincennes, 
the whole party returned without effecting anything.* 



Questions.— Prior to 1760, what territory was claimed by France ? What 
was occupied by the English ? What claim was made by the English ? What 
occurred in 1760? In 1763? What is said of Pontiac? Of the siege of Detroit? 
Of the French settlements in 1765? Of the Indians in 1774? Of McDonald's 
expedition? What occurred in the fall of that year? What is said of the 
conduct of the Indians during the Revolutionary war? Of Col. Clarke's ex- 
pedition to Kaska^kia and Vincennes? Of that up the Wabash? In what 
way did the General Government recognize the services of Col. Clarke and 
his regiment? What is said of the whites and Indians during 1785-6? Of 
Col. Clarke's expedition again si ouiatenon? 

* Indiana Gazetteer, 93. 



20 GOVERNMENT OF INDIANA. 



CHAPTER IV. 



THE ORDINANCE OF 1787. 

Iii 1787, Congress adopted the celebrated ordinance 
for the government of the Northwest Territory. This or- 
dinance provided for the descent of property and for the 
disposition thereof by deed or will ; saving, however, to 
the French and Canadian inhabitants, and other settlers 
of the Kaskaskias, St. Vincent's, and the neighboring vil- 
lages, who had professed themselves citizens of Virginia, 
their laws and customs then in force among them rela- 
tive to the descent and conveyance of property. 

It provided for the appointment of a governor and a 
secretary by Congress, and for the establishment of a 
court, to consist of three judges with common law juris- 
diction. 

The ordinance provided that the governor and judg- 
es, or a majority of them, should adopt and publish in the 
district such laws in the original States as should be nec- 
essary and best suited to the circumstances of the dis- 
trict, and report them to Congress from time to time. 
These laws were to continue in force until the organiza- 
tion of the General Assembly, unless disapproved by 
Congre-<. 

The governor was made, by virtue of his office, com- 
mander-in-chief of the militia. He was required to ap- 
point magistrates and other civil officers, and to subdi- 



GOVERNMENT OF INDIANA. 21 

vide into counties and townships the district in which the 
Indian titles had been extinguished. 

It fixed the basis of representation, and prescribed 
the qualifications of electors. 

It provided for the organization of the General As- 
sembly so soon as there should be five thousand free 
male inhabitants of full age in the district, and for the 
election of a delegate to Congress. 

The ordinance contained six articles of compact, em- 
bodying the genuine principles of freedom and the true 
theory of American liberty. In short, they were de- 
signed, as the ordinance declares, to extend " the funda- 
mental principles of civil and religious liberty which 
form the basis whereon these republics, their laws and 
constitutions, are erected ; to fix and establish those prin- 
ciples as the basis of all laws, constitutions, and govern- 
ments, which forever hereafter shall be formed in the 
said territory ; to provide also for the establishment of 
States and permanent government therein, and for their 
admission to a share in the Federal councils on an equal 
footing with the original States, at as early periods as 
may be consistent with the general interest." 

The first article provided that no person conducting 
himself in a peaceable and orderly manner should ever 
be molested on account of his mode of worship or reli- 
gious sentiments. 

The second guaranteed to all the inhabitants the 
benefits of the writ of habeas corpus and of trial by jury ; 
of judicial proceedings according to the course of the 
common law; and of a representative government. It 



22 GOVERNMENT OF INDIANA. 

also prohibited legislative interference with private con- 
tracts. No person was to be deprived of his liberty or 
property but by the judgment of his peers or the law of 
the land ; and no private property or services should be 
taken or demanded for public use without full compen- 
sation. 

The third required the government to encourage 
schools, and to observe the utmost good faith toward the 
Indians. It recognized religion, morality, and knowl- 
edge as being necessary to good government and the 
happiness of mankind. 

The fourth and fifth articles related to the formation 
of new States within the Territory, and their admission 
into the Union. The navigable tributaries of the Missis- 
sippi and the St. Lawrence, with the portages between 
the same, were established as common highways, to be 
forever free to the citizens of the United States. 

The sixth and last article declared that there should 
be neither slavery nor involuntary servitude within the 
Territory, otherwise than in the X3iinishment of crimes, of 
which the party should have been duly convicted. 

In referring to this ordinance, the late Chief Justice 
Chtf se said : " This remarkable instrument was the last 
gift of the Congress of the old Confederation to the 
country ; and it was a fit consummation of their glorious 
labors.*' 



Questions. — In what year did Congress adopt the ordinance for the gov- 
ernment of the Northwest Territory ? What did the ordinance provide with 
reference to property ? Governor and court ? With reference to laws ? Men- 
tion some of the duties required of the governor ? What of representation 



GOVERNMENT OF INDIANA. 23 

and electors? Of the General Assembly and representation in Congress? 
How many articles of compact did the ordinance contain? What did they 
embody ? For what purpose were they designed ? What does the first arti- 
cle of the compact provide? The second? The third? The fourth? The 
fifth ? The sixth ? What did the late Chief Justice Chase say of this ordi- 
nance? 



CHAPTER V. 



ESTABLISHMENT OF GOVERNMENT IN THE NORTHWEST TERRI- 
TORY — DIVISION OF THE TERRITORY — EARLY LEGISLATION 
— INTEMPERANCE AMONG THE INDIANS — NEGRO APPREN- 
TICESHIP. 

On the 5th of October, 1787, Gen. Arthur St. Clair 
was elected by Congress governor of the Northwest Ter- 
ritory, then embracing the country west of Pennsylvania 
and bounded by the Ohio, the great lakes, and the Mis- 
sissippi river. He continued to act as governor until 
within a few weeks of the time of the admission of Ohio 
as a State, when he was removed by President Jefferson. 

There appears to be some disagreement among his- 
torians in giving the date of the admission of Ohio. The 
Constitutional Convention ratified the State constitution 
on the 19th of February, 1802, but the final act of Con- 
gress by which Ohio was admitted bears date February 
19, 1803. 

In 1788, the governor and judges of the general court 
of the Territory convened as a legislative council at Ma- 
rietta, Ohio, and adopted and published sundry laws. 



24 GOVERNMENT OF INDIANA. 

The first legislature in the Northwest Territory elec- 
ted by the people met at Cincinnati in 1799. 

In 1800, there was a division of the district by Con- 
gress. The one retaining the former name was composed 
of the present State of Ohio, a small part of Michigan, 
and a small part of the southeast corner of Indiana. The 
other district was denominated the Indiana Territory, and 
embraced all the region west of the forme*, east of the 
Mississippi river, and between the lakes and the Ohio 
river. 

On the 13th of May, 1800, the nomination of William 
Henry Harrison as governor of the Indiana Territory was 
confirmed by the Senate, and John Gibson was appoint- 
ed secretary. The secretary of the Territory arrived at 
Vincennes in July, 1800, and proceeded, in the absence 
of the governor, to the nomination of territorial officers 
for the administration of the laws. 

In January, 1801, Gov. Harrison arrived at the seat of 
government, and convened the judges for the purpose of 
adopting " such laws as the exigencies of the times " re- 
quired, the governor and judges constituting the legisla- 
tive council. 

On the 20th of December, 1802, a convention consist- 
ing of delegates from the four counties (Knox, St. Clair, 
Randolph, and Clarke) then organized, convened at Vin- 
cennes, the main object being to adopt measures to effect 
either the repeal or the suspension of the sixth article of 
the ordinance of 1787, in relation to the holding of slaves- 
A document was prepared declaring the consent of the 
delegates to the suspension of the article referred to. 
This, with a memorial and petition of the delegates and 



GOVERNMENT OF INDIANA. 25 

of many of the inhabitants of the Territory, was present- 
ed to Congress. That body, however, refused to suspend 
the article. On the 2d of March, 1803, Mr. Randolph, of 
Virginia, chairman of the committee to whom the sub- 
ject was referred, made a report in which the following- 
passage appears : 

" The rapidly increasing population of the State of Ohio suf- 
ficiently evinces, in the opinion of your committee, that the 
labor of slaves is not necessary to promote the growth and set- 
tlement of colonies in that region ; that this labor, demonstrably 
the dearest of any, can only be employed to advantage in the 
cultivation of products more valuable than any known to that 
quarter of the United States ; that the committee deem it highly 
dangerous and inexpedient to impair a provision wisely calcula- 
ted to promote the happiness and prosperity of the northwestern 
country, and to give strength and security to that extensive 
frontier. In the salutary operation of this sagacious and benev- 
olent restraint, it is believed that the inhabitants of Indiana 
will, at no very distant day, find ample remuneration for a tem- 
porary privation of labor and of emigration.' 7 

It is proper to observe that many of the inhabitants 
of the Territory were not in favor of the proposed suspen- 
sion of the sixth article of the ordinance of 1787, and that 
they held public meetings and prepared memorials and 
remonstrances against the proposition, and presented 
them to Congress. 

In 1805, Michigan was made a separate territory, and 
on the 29th of that year, the first legislature of the Indi- 
ana Territory met at Yincennes. Prior to this, the laws 
had been adopted and published by the governor and 
judges. Gov. Harrison, in his message to the legislature, 
recommended the passage of the following laws: — 1, to 
prevent the sale of intoxicating liquors to Indians ; 2, to 



26 GOVERNMENT OF INDIANA. 

establish a better system of courts for the administration 
of justice; 3, to provide for the improvement of the mili- 
tia system of the territory ; -i, to provide for the punish- 
ment of horse-stealing; 5, to provide ways and means 
for raising a revenue. 

In that part of the message which related to the prevailing 
vice of drunkenness among the Indians, Gov. Harrison said : — 
u The interests of your constituents, the interests of the misera- 
ble Indians, and your own feelings, will sufficiently urge you to 
take it into your most serious consideration, and provide the 
remedy which is to save thousands of our fellow creatures. You 
are witnesses to the abuses ; you have seen our towns crowded 
with furious and drunken savages; our streets flowing with 
their blood ; their arms and clothing bartered for the liquor that 
destroys them ; and their miserable women and children endur- 
ing all the extremities of cold and hunger. So destructive has 
the progress of intemperance been among them that whole vil- 
lages have been swept away. A miserable remnant is all that 
remains to mark the names and situation of many numerous 
and warlike tribes. In the energetic language of one of their 
orators, 'it is a dreadful conflagration, which spreads misery and 
desolation through the country, and threatens the annihilation 
of the whole race.' " 

At this session of the legislature, Benjamin Park was 
elected to Congress. The ordinance of 1787 invested the 
legislative council and house of representatives with au- 
thority to elect such officers. 

" At the first session of the territorial legislature, and 
again at that of 1807, a law was passed to authorize the 
bringing of negroes into the Territory, the males to be 
apprenticed until they were thirty-five years old, and the 
females until they were thirty-three years old. Such 
colored persons born in the Territory might also be ap- 



GOVERNMENT OF INDIANA. 21 

prenticed until the males were thirty and the female? 
twenty-eight years old. 

" At the session of 1806, a law was passed authorizing 
apprentices found ten miles from home without permis- 
sion from their masters, to be taken up and whipped 

twenty-five lashes. 

" The practice of apprenticing negroes, so that they 
could be held in a species of involuntary service, even 
after they ceased to be minors, was not fully relinquished 
until after the adoption of the State constitution, when 
the supreme court of the State decided these apprentice- 
ships unconstitutional."* 



Questions.— What is said in this lesson of the election of Gov. St. Clair? 
Bound the Northwest Territory. How long did Gov. St. Clair remain in 
office? What is said of the legislative council of 1788? Of the first legisla- 
ture in the Northwest Territory? state what occurred in the year 1800. In 
1801. What convention assembled in 1802, and for what purpose? What ac- 
tion was taken with reference to the sixth article of the ordinance of 17-7 ? 
What is said of Mr. Randolph, of Virginia ? State the substance of his report. 
What occurred in 1805? What laws did Gov. Harrison recommend the leg- 
islature to adopt ? What were his views with reference to selling intoxica- 
ting liquors to the Indians ? Who was the first delegate to Congress from the 
Indiana Territory ? What is said with reference to the laws authorizing the 
bringing of negroes into the territory to be apprenticed ? What is said of 
the law of 1806 on this subject ? When was the practice of apprenticing ne- 
groes abolished ? 

*Jndiana Gazetteer, 100. 



28 GOVERNMENT OF INDIANA. 



CHAPTER VI. 



EARLY LEGISLATION — DIFFICULTIES WITH THE INDIANS — GEN. 

Harrison's campaign — the war of 1S12. 

In 1S07 the laws of the Territory were revised under 
a new code. Death was made the penalty for treason, 
murder, arson and horse stealing. Quite a number of 
offenses were made punishable by whipping. Stealing 
hogs was punished by fine, whipping and disfranchise- 
ment. The following provision was made for the punish- 
ment of disobedient children and servants : 

" If any children or servants shall, contrary to the 
obedience due to their parents or masters, resist or re- 
fuse to obey their lawful commands, upon complaint 
thereof to a justice of the peace, it shall be lawful for 
such justice to send him or them, so offending to the jail 
or house of correction, there to remain until he or they 
shall humble themselves to the said parents' or masters' 
satisfaction. And. if any child or servant shall, contrary 
to his bounden duty, presume to assault or strike his 
parent or master, upon complaint and conviction thereof, 
before two or more justices of the peace, the offender 
shall be whipped, not exceeding ten stripes." 

From this period to 1810 many of the Indians mani- 
fested great dissatisfaction, claiming that advantage had 
been taken of them in the purchase of their lands; that 
the Indians who had joined in the treaties were not au- 
thorized to represent all the tribes ; and though, since 
the treaty of peace at Greenville, the Indians had been, 
in the main, peaceably disposed, yet, influenced by the 



GOVERNMENT OF I>TDIA> T A. 



29 








British, whose intention it was to prevent the further 
extention of the settlements, they occasionally indulged 
in hostile demonstrations, and in 1810 their aggressions 
upon the inhabitants were quite frequent. 

In 1811 General Harrison marched against the In- 
dians upon the Wabash : he entered and garrisoned Fort 
Harrison, near the present site of Terre Haute, and built 
a block-house, at 
the crossing of the 
Vermilli on. 35 
miles still further 
up the Wabash. 
On the evening 
of the sixth of 
November. Gov. 
Harrison, with be- 
tween TOO and 800 
troops, encamped 
on Burnett's 
creek, eight miles 
from the present 
site of Lafayette, 
and one hundred 
and fifty -five 
mile- from Vin- 
cennes. On the 
following morn- 
ing they were at- 
tacked by the In- 
dian-, who. after 
a bloody engagement, were obliged to retreat. Sixty- 
two whites were killed or mortally wounded, and one 



30 GOVERNMENT OF INDIANA. 

hundred and twenty-six others wounded. This battle is 
known in history as the battle of Tippecanoe. 

In 1812 war was declared between the United States 
and Great Britain. The chief causes of this war were 
the imprisonment of American seamen, the capture of 
American vessels, and the enforcement of illegal block- 
ades by the English government. 

" Indian depredations still continuing, General Hop- 
kins, in October, 1812, led an expedition of two thousand 
mounted volunteers, from Vincennes, against the Kicka- 
poo villages of Illinois, but returned without effecting 
anything : and in November he led a second expedition 
of twelve hundred and fifty men up the east side of the 
Wabash as far as Tippecanoe, and destroyed the Indian 
towns there, which they had previously vacated. A 
company of sixty horsemen, under command of Lieu- 
tenant-Colonels Miller and Wilcox, were, on the 22d of 
November, drawn into an ambuscade and eighteen of 
their number killed. 

" The weather having become intensely cold the In- 
dians dispersed, and the expedition returned to Vin- 
cennes. On the 18th of the same month Col. Campbell, 
with a force of mounted men, set out from Franklinton, 
Ohio, against the Indians on the Mississinnewa river, 
and succeeded in capturing thirty-seven prisoners, kill- 
ing between thirty and forty and burning their village/'* 

In the fall of 1812, Governor Harrison was appointed 
to the command of the Northwestern army, and Thomas 
Posey was appointed governor of the Territory. From 
this time during the continuance of the war with Eng- 

* Indiana Gazatter 110. 



GOVERNMENT OF INDIANA. 31 

land, no very important military demonstrations occurred 
within the present boundary of Indiana, though there 
were occasional skirmishes with the Indians who mur- 
dered some of the inhabitants and stole from them horses 
and other property. It is said that the militia, or re- 
gulars, as they were called, were often out to scour the 
woods and guard against surprises. 

Every exposed neighborhood had its block-house 
defended with pickets to retreat to in case of alarm. 

Though for a time disaster and disgrace was the fate 
of the American forces, victory at last perched upon our 
banners. 

On the 2d of August, 1813, Col. Croghan made a 
most gallant defense at Fort Stevenson, at Lower San- 
dusky, in the State of Ohio, against an overwhelming 
force of British and Indians. 

On the 10th of September, 1813, Commodore Perry 
defeated the British at the battle of Lake Erie ; and on 
the 5th of October, General Harrison defeated the 
British and Indians at the battle of the Thames. At this 
battle, the renowned chief Tecumseh was in command of 
the Indian warriors, and fought with wonderful courage 
and desperation. After the British had fled, Tecumseh, 
with his Indian warriors, engaged in a hand-to-hand con- 
flict with Colonel Johnson and his force of mounted 
Kentuckeyans, but soon fell, pierced by a pistol ball. It 
is said that during the latter years of his life, " he was 
almost incessently engaged either in councilor at the 
head of his warlike bands," and that " at last he fell on 
the field of his glory, with tomahawk in hand and the 
cry of battle upon his lips.' 5 



32 GOVERNMENT OF INDIANA. 

"Like monumental bronze, unchanged his look, 
A soul which pity touch'd, but never shook ; 
Train'd from his tree-rock'd cradle to his bier, 
The fierce extremes of good and ill to brook : 
Unchanging, fearing but the shame of fear, 
A stoic of the woods, a man without a tear." 

Immediately after the battle of the Thames, the Brit- 
ish surrendered Detroit to the Americans, but retained 
the possession of Mackinac, in Michigan, until December 
24, 1814, when negotiations for peace were concluded. 



Questions— What is said of the revision of the territorial laws in 1807? 
State what provision was made for the punishment of disobedient children 
and servants? What claim, was made by the Indians between 1807 and 1810, 
and what was their conduct ? State what is said of General Harrison's cam- 
paign in 1811. What were the chief causes of the war of 1812 with Great 
Britain? What is said of the expedition of General Hopkins? Of Lieu- 
tenant-Colonels Miller and Wilcox ? Of Colonel Campbell ? To what posi- 
tion was Governor Harrison appointed in 1812? Who was appointed 
governor? What is said of block-houses? Of Colonel Croghan ? What of 
Commodore Perry ? What is said with reference to the battle of the Thames ? 
Of the Indian chief Tecumseh? Of the surrender of Detroit ? When was 
the war of 1812 brought to a close and negotiations for peace concluded ? 



CHAPTER VII. 



ORGANIZATION OF THE STATE GOVERNMENT — THE STATE 
CAPITAL — EARLY SETTLEMENTS — 1816 TO 1823 — RE- 
MOVAL OF THE STATE CAPITAL TO INDIANAPOLIS. 

A convention for the framing of a State constitution 
convened at Oorvdon on the 10th of June, 1815, and hav- 



GOVERNMENT OF INDIANA. 33 

ing completed its labors, adjourned on the 29th of the 
same month. 

An election was held on the first Monday of August, 
following, at which a governor, lieutenant-governor, re- 
presentative to Congress, members of the General As- 
sembly, sheriffs and coronors were elected. 

The first General Assembly elected under the au- 
thority of the State constitution, convened at Oorydon 
on the 14th of November, 1816. On the 7th of Novem- 
ber the oath of office was administered to the governor 
and lieutenant-governor in the presence of both houses : 
immediately after which Governor Jennings delivered 
his first message to the General Assembly, and thus the 
territorial government was superseded by the State gov- 
ernment. The State was formally admitted into the 
Union by a joint resolution of Congress, on the 11th of 
December of the same year. 

At that time about three-fourths of the State was in 
possession of the Indians, or had been so recently pur- 
chased as not to have been surveyed and exposed for 
sale. A map of the State, made in ISIS, represents the 
Indian boundary as starting from a point in the north- 
ern part of Jackson county, and running northeast to 
the Ohio line, near Fort Recovery, and northwest to the 
Wabash, a few miles above Terre Haute. 

Yincennes was then the most important town in the 
State. Oorydon then had about one hundred buildings, 
most of them being cabins or of hewn logs, though the 
court house was built of stone. New Albany and Madi- 
son had a few comfortable houses, and perhaps a hundred 
cabins. 



34 GOVERNMENT OF INDIANA. 

From the close of the war to 1820 speculation ran 
highland banks were established without proper security 
for the redemption of their bills. 

During the years 1820-21-22 the people in most of 
the settlements were greatly afflicted with bilious and 
intermittent fevers; in many cases differing very little, it 
is said, from the yellow fever in warmer climates. The 
fatality was so great that many of the towns lost not 
less than one-fourth of their inhabitants in the three 
years. 

About this time many of the banks, in this and other 
Western States', failed, so that the people were nearly 
destitute of any circulating medium. 

The prices of produce were reduced full two-thirds, 
and real estate fell in about the same proportion. It was 
many years before the State recovered from the depres- 
sion occasioned by these misfortunes. 

In 1825 the seat of government was removed from 
Oorydon to Indianapolis. 



Questions— When and where did the convention to frame a State consti- 
tution convene ? When was the first election held for State officers ? When 
and where did the first Assembly, under the State government, convene ? 
When was the State formally admitted into the Union ? At that time what 
portion of the State was in possession of the Indians ? What is said of the 
most important towns in the State at that time ? What is said with reference 
to speculation and financial matters from 1814 to 1820? What is said of the 
general health of the people from 1820 to 1823, inclusive ? Of banking insti- 
tutions and currency ? Of the price of produce ? In what year was the 
capital removed to Indianapolis ? 



GOVERNMENT OF INDIANA. 35 



CHAPTER VIII. 



THE STATE BANK OF INDIANA. 

In 1834 the General Assembly chartered the State 
Bank of Indiana, and the State invested in its stock the 
sum of $1,390,000. The money with which to make this 
investment, was procured by the issuing of five per 
cent, bonds, called " bank bonds ;" the last of which ma- 
tured July 1st, 1866. 

By the terms of the charter, the share of the profits 
going to the State after paying the bonds, was to be de- 
voted to the establishment of a general school fund. 

The control of the bank was vested in a president 
and four directors, chosen by the General Assembly, and 
one director chosen by each branch, thirteen in all. 

The office of the State Bank was kept at Indianapo- 
lis ; the branches were located at Indianapolis, Richmond, 
Lawrenceburgh, Madison, New Albany, Evansville, Vin- 
cennes, Bedford, Terre Haute, Lafayette, Fort Wayne, 
South Bend and Michigan City. By the terms of the 
charter, the brandies were made responsible for each 
other, but were not to share each other's profit, and in 
case of failure of any branch, the. individual stock in the 
branch was to be first absorbed before the State stock 
could be touched. 

The business of the State Bank was very profitable, 
notwithstanding, during the financial crash of 1837, it 



36 GOVERNMENT OF INDIANA. 

was compelled to suspend specie payment. It. however, 
resumed again June loth, 1842, and continued in business 
until January 1, 1857. From that time until January 1, 
1859, when its charter expired, the bank was engaged in 
*' winding up" its affairs, and in redeeming its circulation. 

A portion of the profits of the bank, belonging to 
the State, was, on the recommendation of Governor 
Wright, invested in the State's five per cent, bonds, is- 
sued in the place of those issued in 1836, for internal im- 
provements. 

When the State received its final dividend from the 
bank, the moneys thus raised were appropriated, 1st, to 
pay the principal and interest upon the " bank bonds;" 
2d. the expenses of the commissioners, and lastly, as a 
fund for the support of common schools. 

The debts of the State having been paid out of the 
school fund, the State thus became a debtor to the 
school fund. As shown by the report of the Superin- 
tendent of public instruction for 1S73-4, the State had 
borrowed in different sums, and at different times, $3,- 
904,783.21 of the school fund, for the payment of which 
she had issued her non-negotiable bonds drawing inter- 
est at six per cent, per annum. 



Questions. — When was the State Bank of Indiana chartered, and how 
mneh did the State invest in its stocks ? In what way was the money with 
which to purchase this stock procured? What provision was made with 
reference to the profits on the shares of stock belonging to the State? What 
is said of the control of the bank? At what place was the office of the State 
Bank ? At what places were the branches located? What is said of the re- 
sponsibility and liability of these branches? Of the business of the State 
Bank ? When did the bank charter expire? What was done with a portion 
of the profits of the bank? What was done with the final dividend be- 



GOVERNMENT OF INDIANA. 37 

longing to the State ? What amount had the State prior to 1873-4 borrowed 
of the school fund? What rate of interest did the State pay on its indebt- 
edness to the school fund ? 



CHAPTER IX. 



THE STATE INTERNAL IMPROVEMENT SYSTEM. 

In 1836 the State system of internal improvements 
was adopted ; though several important public works, 
had been inaugurated by the State and commenced prior 
to that time. The work of opening a road from Lake 
Michigan, through Indianapolis to Madison on tho Ohio, 
was begun in 1830, and the construction of that part of 
the Wabash and Erie canal, which lies within the border 
of Indiana, was commenced in 1832. 

The public works of the State were prosecuted 
vigorously until the summer of 1839, when the contrac- 
tors suspended operations, and many of them abandoned 
their contracts, owing to the financial embarrassments 
caused by the inability of the State to furnish the neces- 
sary funds. 

The General Assembly thereupon authorized an 
issue of State treasury notes to the amount of one mil- 
lion five hundred thousand dollars, for the payment of the 
contractors and other creditors. For a time these notes 
furnished a good circulating medium, passing at their 
nominal value, but in 1812 they suddenly depreciated 
from 10 to 50 j>er cent. 



38 GOVERNMENT OF INDIANA. 

At the close of the year 1841, the total length of the 
railroads, turnpike roads, and canals, embraced in the in- 
ternal improvement system of 1836, amounted to twelve 
hundred and eighty-nine miles — of which two hundred 
and eighty-one miles had been completed at an aggre- 
gate cost of $8,161,531 ; and it was estimated that the 
total cost of the completion of all the works would 
amount to the sum of $19,911,421. 

In 1811 the public debt of the State, including all the 
liabilities, amounted to $15,088,146 — namely : 

For bonds sold for internal improvement system 

proper, of 1836 1 7,050,000 

For Wabash and Erie Canal - . 1,727,000 

For the establishment of the State Bank, - - 1,390,000 

Amount of treasury notes outstanding, - 1,300,000 

Due State Bank for advances of public works, - 693,146 

Bonds hypothecated, - 665,000 

Hypothecated bonds sold, - - - - - - 404,000 

Advanced to the State Bank in anticipation of the 

fourth installment of the surplus revenue, - - 294,000 

For July, 1841, installment of interest, - - - 259,000 
For bonds advanced Lawrenceburg & Indianapolis 

Railroad Company, ------- 221,000 

Interest on outstanding treasury notes, - 85,000 

Total, - - -§15,088,146* 

The General Assembly of the State passed an act, 
approved January 14th, 1846, entitled "An act to provide 
for the funded debt of the State of Indiana, and for the 
completion of the Wabash and Erie canal to Evansville," 
and also passed another act supplementary thereto, 
approved January 27th, 1847. 

* Gov. Bigger's message, Dee., 1841, Dillon's His. of Ind. p. 573. 



GOVEBNMENT OF INDIANA. 39 

It is somewhat difficult to determine the precise understand- 
ing between the officers of the State and its creditors in relation 
to the internal improvements. Dillon, in his History of In- 
diana, says that by the act referred to, " provisions were made 
for the adjustment of the debt due to the holders of the Indiana 
State bonds, and for the completion of the Wabash and Erie 
canal to Evansville," but does not inform us as to the particulars 
of such adjustment. 

Holloway, in his History of Indianapolis, says, "In 1846 an 
agreement was made with our creditors to take the Wabash and 
Erie canal, with some two million acres of land, donated to it 
by Congress, to complete it to Evansville, and keep it in ser- 
viceable condition, in payment for the debt. For the other half 
of the principle rive per cent, bonds were issued, and for the un- 
paid interest two and one-half per cent bonds were given." 

We find in the " Illustrated History of Indiana, by Good- 
rich and Tuttle," the following: "Measures of compromise 
between the State and its creditors were adopted, by which, 
ultimately, the public works, although incomplete, were given in 
payment for the claims against the government. 77 

The acts of 1846-7 seem to have contemplated that 
the State should pay one-half of the public indebtedness, 
and that the other half should be chargeable upon and 
paid out of the proceeds of the Wabash and Erie canal, 
its lands, tolls and revenues. 

On the 30th of July, 1847, the Governor of the State, 
in pursuance of the acts referred to, executed and de- 
livered to the board of trustees of the Wabash and Erie 
canal, a deed for the canal with all its appurtenances, 
and all the lands and other property belonging thereto, 
which had not already been sold or disposed of. 

Most, if not all, of the certificates of stock, so-called, 
which the State undertook absolutely to pay, have been 
redeemed ; but the revenue anticipated from the pro- 



40 GOVERNMENT OF INDIANA. 

ceeds of the canal, its lands and tolls, has not been 
realized. 

By the terms of the acts of 1846-7, the State reserved 
the right to annul the conveyance it had made, by the pay- 
ment of the principal of the certificates at any time after 
20 years from January 27th, 1847 ; but in the year 1857, the 
General Assembly declared that it was not the purpose 
of the State to exercise its right of redemption ; and in 
the year 1873, an amendment to the State constitution 
was adopted, by which the General Assembly is expressly 
prohibited in any manner, or at any period, from assum- 
ing or liquidating any portion of the outstanding canal 
stocks, or taking control of the canal as a public work of 
the State. 

Proceedings are now pending (1875) in the United 
States District Court of Indiana, in behalf of the holders 
of canal stocks, with a view to the sale of the canal and 
its aiypurtenances. 



Questions— In what year was the State system of internal improvements 
adopted ? What is said of the public works prior to that time ? What year 
were proceedings on public works suspended, and what caused the suspen- 
sion ? What action was taken by the Assembly ? What is said of the trea- 
sury notes as a circulating medium ? Give length of contemplated railroads, 
turnpikes and canals, estimated cost of same, and amount expended up to 
1841. What was the public debt of the State in 1841 ? What action was taken 
in 1846-7 by the General Assembly with reference to these works ? What was 
done by the governor July 30th, 1847 ? What is said in relation to the certifi- 
cates of stock issued under the acts of 184(3-7? What is said with reference 
to the annulling of the conveyance or the redemption of the internal im- 
provements ? 



GOVERNMENT OF INDIANA, 41 

Xote.— The following is from the Illustrated History of Indiana, by 
Goodrich and Tuttle : 

"In the year 1827 the State of Indiana obtained from the general govern- 
ment a grant of land to aid in the construction of the Wabash and Erie 
canal, with a view to connect the Wabash river with Lake Erie. A portion 
of this grant was surrendered to the State of Ohio, on the condition that she 
would construct the canal from the boundary of Indiana to the lake. This 
canal had been completed, ready for navigation from Lafayette, on the 
Wabash, to the eastern line of the State. This work was not generally re- 
garded as a part of the system of internal improvements, adopted in 1836. 

" In the month of January, 1836, the Legislature of Indiana passed an act 
to provide for a general system of internal improvements,* embracing a 
number of extensive works. The extent and condition of these works, in- 
cluding the Wabash and Erie canal, at the close of the year 1841, with the 
total disbursement thereon, may be summed up as follows : 

" 1. The Wabash and Erie canal, from the State line to Tippecanoe, one 
hundred and twenty-nine miles in length, completed and navigable for the 
whole length, at a total expenditure of §2,011,012. This sum includes the cost 
of the steamboat lock afterwards completed at Delphi. 

11 2. The extension of the Wabash and Erie canal from the mouth of the 
Tippecanoe to Terre Haute, over one hundred and four miles. The estimated 
cost of this work was 81,500,000, and the amount expended for the same up to 
1841, was $408,855. The navigation was at this period opened as far down as 
Lafayette, and a portion of the work performed in the vicinity of Coving- 
ton. 

" 3. The cross-cut canal from Terre Haute to central canal, forty-nine 
miles in length, estimated cost §718,672 ; amount expended to 1841, $420,679, 
and at this period no part of the work was navigable. 

" 4. The White Water canal, from Lawrenceburgh to the mouth of Net- 
tle creek, seventy-six and a half miles — estimated cost SI, 675,738; amount ex- 
pended to that date, $1,099,867, and thirty-one miles of the work was navig- 
able, extending from the Ohio river to Brookville. 

" 5. The Central canal, from the Wabash and Erie canal, to Indianapolis, 
including the feeder dam at Muncietown, one hundred and twenty-four 
miles in length— total estimated cost, $2,299,853 ; amount expended, $568,046 
eight miles completed at that date, and other portions nearly done. 

" 6. Central canal from Indianapolis to Evansville, on the Ohio river, 
one hundred and ninety-four miles in length; total estimated cost $3,532,- 
394 ; amount expended, £831,302 nineteen miles of which were completed at 
that date, at the southern end, and sixteen miles extending south from In- 
dianapolis were nearly completed. 

"7. Erie and Michigan canal, one hundred and eighty two miles in 
length, estimated cost, $2,624,823; amount expended, $156,324. No part of this 
work was finished in 1811. 



4r2 GOVERNMENT OF INDIANA. 

"8. The Madison & Indianapolis railroad, over eighty-five miles in 
length, total estimated cost, $2,046,600; amount expended, §1,493,013. Road 
furnished and in operation for about twenty-eight miles; grading nearly 
finished and twenty-seven miles in addition, extending to Edenburg. 

"9. Indianapolis and Lafayette turnpike road, seventy-three miles in 
length ; total estimated cost, 8593,737; amount expended, $72,182. The bridging 
and most of the grading was done on twenty-seven miles, from Crawfords- 
ville to Lafayette. 

" 10. New Albany and Vincennes turnpike road, one hundred and five 
miles in length ; estimated cost, $1,127,295; amount expended, $654,411. In 1841, 
forty-one miles were graded and Macadamized, extending from New Albany 
to Paoli, and twenty-seven miles in addition, partly graded. 

" 11. Jefferson ville and Crawfordsville road, over one hundred and 
sixty-four miles long; total estimated cost, $1,651,800; amount expended, 
$372,737. Forty-five miles were partly graded and bridged, extending from 
Jeffersonville to Salem, and from Greencastle north. 

" 12. Improvement of the Wabash rapids, undertaken jointly by In- 
diana and Illionis ; estimated cost to Indiana, $102,500; amount expended by 
Indiana, $9,539. 

" There had also been paid to the board of internal improvements for in- 
struments, etc., to date, $30,564.*' 



CHAPTER X. 



THE PUBLIC LANDS — GOVERNMENT SURVEYS — SUBDIVISIONS OF 
TOWNSHIPS AND SECTIONS. 

While the different European nations claimed the 
title to the soil in this country, by right of discovery, our 
government recognized the various Indian tribes which 
occupied it as the true owners. 

After the Declaration of Independence in 1776, the 
new states claimed the right of soil, and jurisdiction over 
the country embraced in their charter, notwithstanding 
the British Government had assumed to revoke these 
grants. Some of these charters embraced large portions 



GOVERNMENT OF INDIANA. 43 

of Western lands, and the states, which had no such 
charter, claimed that these lands ought, by right, to be 
disposed of for the common benefit of all the states, ac- 
cording to their portion, inasmuch as the title would be 
secured, if at all, by the united efforts and sacrifices of 
all the states. 

These states, however, ceded their claim of soil and 
jurisdiction to the districts of country embraced within 
the limits of their charter, to the government of the 
United States, so that the title to most of the land in the 
Western States has been derived through the United 
States Government, which first extinguished the Indian 
title by treaties with the Indians. 

The titles to all the lands of Indiana, except the 
French grants near Vineennes confirmed to the de- 
scendants of the early settlers there, and the grants near 
the falls of the Ohio, to Clark's regiment, by the State 
of Virginia, have been derived through the General 
Government. 

The plan adopted by the Government in making its 
survey of lands in Indiana and other Western States, was 
to draw imaginary lines across the territory, east and 
west, and north and south. The lines running north 
and south are called meridian lines ; those running east 
and west are called base lines. The first principal mer- 
idian runs due north from the mouth of the Miami, and 
i< the boundary line between Indiana and Ohio. The 
second principal meridian is a line due north from Little 
Blue river, 80 miles west of the State line. 

But one base line runs through the State, and that 
crosses it from east to west, in latitude 38° 3C, leav- 
ing the Ohio river 25 miles above Louisville, and strik- 



44 



GOVERNMENT OF INDIANA. 



ing the Wabash four miles above the mouth of White 
river. 

In making the survey of the lands of Indiana, the 
territory was divided into townships six miles square ? 
and these were sub-divided into thirty-six sections, of a 
square mile each, the townships being numbered in reg- 
ular order east and west of the meridian line, and north 
and south of the base line. Thus, where the meridian 
and base lines intersect and cross each other, the town- 
ship next north of the base line, and next east of the 
meridian line would be called " township number one 
north, in range number one east, 17 while the township 
next east of it would be, u township number two east, in 
range number one north.' 7 The following diagram will 
aid in explaining this : 



DIAGRAM SHOWING HOW TOWNSHIPS ARE NUMBERED WITH 
REFERENCE TO THE MERIDIAN AND BASE LINES. 

























3 N. 

4 W. 








fc 














2 N. 

3 W. 






32N 
9lE 










Base 




1 N. 

2 W. 




3 

3 




Line. 
















<4 


1 8. 

2 E. 














2 S. 
2 W. 




h- 1 

3h 






















3 S. 
3 E. 





















GOVERNMENT OF INDIANA. 



45 



PLAN OF TOWNSHIP. 



The following is a plan of a township, the subdivis- 
ions representing sections : 



1 

6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 
19 
30 


17 


16 


15 


14 


13 
24 


20 


21 


22 
27 
34 


23 


29 


28 


26 


2.5 
36 

: 


31 
i 


32 


33 


35 



The sections contain six hundred and forty acres each, 
unless they are, as is sometimes the case, fractional. 
Sometimes a stream or a lake occupies a large portion of 
a quarter-section, and the part not so occupied we call 
"fractional." Sometimes in measuring the townships, 
the surveyors would, through the great difficulties they 
had to encounter in measuring the distances through the 



4() GOVERNMENT OF INDIANA. 

wilderness, swamps, and lakes, and over the hills, include 
a little too much territory, or perhaps not quite enough. 
In such case, when the townships were subdivided into 
sections, and the measurements were made with more 
care, the subdivisions on the north and west sides of the 
townships were made to contain whatever was left, more 
or less, so that ail the other sections in the township 
should contain just six hundred and forty acres, each. 
The sections are numbered, commencing at the north- 
east corner of the townships, and for convenience, are 
subdivided into quarters ; and we frequently see lands 
described as a u quarter of a quarter." 

The United States government gave Indiana section 
sixteen, in every township, of the public lands, for the 
use of schools, and in addition thereto, seventy-two sec- 
tions for the support of the State University. 

The revenue derived from the sales of these lands. 
as will be seen when we come to speak of educational 
matters, constitutes a considerable portion of the school 
fund of the State. This liberal grant w^as in keeping- 
with the spirit of the third compact in the ordinance 
of 1787, which recognized '"religion, morality, and 
knowledge as being necessary to good government and 
the happiness of mankind." 



GOVERNMENT OF INDIANA. 



DIAGRAM OF A SECTION, SUBDIVIDED. 

nsr. - 



I 



N. W. i Sec. 1. 
160 acres. 


E. \ N. E. i 

Sec. 1. 

SO acres. 




N.W.4S,Ki 

Sec. 1. 
40 acres. 





Questions— Who were the original owners of the soil in this country ? 
What is said of the claim of the new states after the Declaration of Inde- 
pendence? What disposition did the new states make of the land- em- 
braced in their charters ? In what way has the United states government 
derived title to most of the lands in the Western states? What is said of 
the titles to the lands in Indiana? What two Lines were adopted as a basis 
for surveying the Territory of Indiana and other Western States ? How was 
the territory divided ? How many miles square are the townships ol Indi- 
ana? In what way are townships designated? Will you make a diagram 
explaining this? How are the townships subdivided ? How many sections 



48 GOVERNMENT OF INDIANA. 

are there in a township? How are they numbered and designated ? Will 
you make a diagram explaining this ? How many acres are there in a full 
section ? How are the sections subdivided ? Are these subdivisions always 
uniform ? In what way are some of the subdivisions made fractional ? 
Will you illustrate the subdivisions of sections by a diagram ? What is said 
of a grant from the United States of certain lands to this State? 



CHAPTER XL 



STATISTICS OF INDIANA. 

The statistics of Indiana show that from 1860 to the 
present time, (1875) the State has made rapid progress 
in the increase of her population and in the development 
of her resources. She was among the formest during 
the War of the Rebellion. The total number of troops 
furnished by the State for all terms of service, exceed- 
ed two hundred thousand. 

The governor's message, transmitted to the General 
Assembly in January, 1875, says the assessed value of 
the taxable property of the State in 1874 was $954,858,- 
475. 

The auditor general in his report for the year ending 
October 31st, 1874, informs us that in 1845 there were 
thirty miles of railroad in Indiana; in 1850,228 miles; 
in 1855, 1,408 miles; in 1860, 2,163 miles; in 1865, 2,217 
miles; in 1870, 3,177 miles, and in 1874, including side- 
tracks and turnouts, 3,194 miles. 

The population of the State in 1810 was 24,520 ; in 
1820,147,178; in 1830,343,031; in 1840,685,866; in 1850, 



GOVEBXMENT OF INDIANA. 49 

988,416; in 1860, 1.350,428 ; and in 1870, 1,680,637, and it 
is estimated that the present population of the State is 
not far from 2,000,000. 

The statistics relating to the manufactures of the 
State show that in 1870, Indiana had 11,817 establish- 
ments; 2,881 steam engines, equal to 23,518 horse power: 
1,090 water wheels, equal to 23,518 horse-power. The 
number of hands employed, 58,852 ; capital invested, 
$52,052,125; wages paid, $18,316,780; amount paid for 
materials, $63,135,192; value of manufactured products, 
$108,617,278. 

AGRICULTURAL AND OTHER PRODUCTS OF INDIANA. 

Animals, slaughtered, value of, 1874, - -$4,827,311 

Bacon, pounds of, 1874, - -30,608,120 

Barley, bushels of, raised in 1873, - - - 199,140 

Beef, pounds of, 1874, - - 4,899,825 

Cattle, number of, 1874, - 1,275,265 

Cider, gallons of, 1874, - - 2,279,080 

Coal, bushels of, mined, 1874, - -1,154,684 

Coal, tons mined, 1874, - - • - - 899,3*0 

Corn, acres of, 1873, ------ 2,668,722 

Corn, bushels of, raised in 1873, - - - -73,970,658 

Flax-seed, bushels of, 1873, - 152,086 

Fruit, bushels of, 1873, - - - - - - 3,143,520 

Grass and clover seed bushels of, 1873, - 135,901 

Hayv tons of, 1873, - ---... 930,564 

Hemp, tons of, ls7.5. ------ _ 10,080 

Hogs, number of, 1874, ---_.. -2,883,654 
Hops, pounds of, 1874, - - 19,585 

Hor<iN, number of, 1874, ----- 518,102 

Lands in the State, acres of, - - - -23,360,000 

Lard, pounds of, 1874, ----- -13,069,503 

Lime, bushels of, 1874, ----- 805,087 

Manufactures, home-made, value of, 1874, - - -$13,883,093 



50 GOVERNMENT OF INDIANA. 

Maple molasses, gallons of, 1874, - 86,570 

Maple sugar, pounds of, 1874, - 286,953 

Meadow, acTes of, 1873, - - -1,375,223 

Melodeons and organs, number of, 1874, - - 6,985 

Mules, number of in 1874, - ----- 62,005 

Nursery stock, value of, 1S74, - 864,835 

Oats, acres of, 1873, ----- 542,278 

Oats, bushels raised in 1S73, ----- 7,541,039 

Pasture and meadow, acres of, 1873, - 4,324,194 

Pianos, number of, 1874, - - 7,522 

Pork, barrels of, 1874, - - - 142,651 

Potatoes, bushels of, raised in 1873, - 2,647,119 

Poultry, value of, 1874, 816,992 

Products of gardens, market value of, 1874, - - 826,845 

Pork, bulk, pounds of, 1874, - -38,622,908 

Rye, bushels of, raised in 1873, - - 197,625 

Sewing machines, number of, 1874, - 84,913 

Sheep, number of in 1874, - - - 1,201,464 

Sorghum molasses, gallons of, 1874, - 523,602 

Tobacco, pounds of, 1874, - - - - - 9,472,265 

Vinegar, gallons of, 1874, - - - 301,942 

Wheat, acres of, in 1873, ----- 2,042,881 
Wheat, number of bushels raised, 1873, - - -20,825,052 

Wine, number of gallons of, 1874, - - - - 114,293 

Wood, cords of, 1874, ----- 49,360 

Wool, number of pounds, 1874, - - - - 2,568,368 



GOVERNMENT OF INDIANA. 



51 



INDIANA CHURCH STATISTICS FOR 1870. 



PEXOMINA TIOX. 



CHURCHES. 


SITTINGS. 


PROPERTY. 


552 


135575 


? 1047625 


68 


16800 
122775 


89700 


455 


S10875 


18 


4800 


119900 


49 


10300 


4925 ■ 


47 


10925 


124(300 


81 


- " 


263800 


' 5 


1900 


113000 


195 


62285 


619600 


1403 


34612o 


3291428 


•> 


5000 


1 


100 


4000 


333 


116560 


2 6550 


42 


12400 


71500 


2 


3 


8200 


34 


8880 


97300 


204 

1 

184 


86830 


2511700 


'33975 


188000 


18 


6300 


73400 


4 


1200 


3000 



Baptist, regular 

other 

Christian 

Congregational 

Episcopal, Protestant 
Evangelical Association .. 

Friends 

Jewi sh 

Lutheran 

Methodist 

Moravian 

New Jeruselam . . . 

Presbyterian, regular 

" other , 

Dutch Reformed 

German Reformed 

Roman Catholic 

Unitarian 

United Brethern in Christ. 

Universalist 

Unknown, Union. 



"It is not deemed necessary to arrange questions for the foregoing chapter. 
If teachers should see fit to require pupils to memorize the information 
therein contained, the proper questions will be readily suggested.] 



52 



GOVERNMENT OF INDIANA. 



CHAPTER XII. 



THE LOG CABIN. 



There are, doubtless, those who have never seen a log cabin, and who 
know nothing of the hardships and trials of pioneer life. 

While the design 
and scope of this work 
will not justify any- 
thing like a history 
of pioneer life, the au- 
thor deems it proper 
to remind the student 
that in view of the 
trials and perils 
through which o u r 
ancestors have pass- 
ed, we should cherish g? 
their memory with "* 
gratitude, and try to a^ 
prove ourselves §' 
worthy of the grand *• 
inheritance transmit- ^ 
ted to us. jj^J 

The following dis- ** 
cription of the cabin s' 
shown in the engrav- -^ 
ing, will serve to des- 
cribe most of the J 
dwellings of the pio- § - 
neers of Indiana :— * 
"Our cabin was 18x24. 
The west end was oc- 
occupied by two beds, 
the center of each 
side by a door ; and 
here our symmetry 
had to stop, for on 
the opposite side of 
the window, made of 
clapboards, support- 



ed on pins driven into the logs, were 




shelves. 



ladder of 



rounds 



GOVERNMENT OF INDIANA. 53 

occupied the corner near the window. The window was made by sawing 
out a log, placing sticks across, and then, by pasting an old newspaper over 
the hole, and applying some hog's lard, we had a kind of glazing which shed 
a most beautiful and mellow light across the cabin. Our chimney occupied 
most of the east end." 



CHAPTER XIII. 



GOVERNORS OF INDIANA. 

The following is a list of the governors and adminis- 
trators under whose jurisdiction Indiana has been placed 
since the erection of the Royal government, more than 
two hundred years ago. 

UNDER FRENCH RULE THEY WERE : 

Sieur de Mesy, appointed in 1663. 
Sieur de Courcelle, appointed in 1665. 
Sieur de Frontenac, appointed in 1672. 
Sieur de Barre, appointed in 1682. 
Sieur de Marquis de Nouville, appointed in 1685. 
Sieur de Frontenac, appointed in 1689. 
Sieur Chavalier de Calliers, appointed in 1690. 
Marquis de Vaudreuil, appointed in 1703. 
Marques de Beauharnais, appointed in 1726. 
Sieur Compte de la Gallisoniere, appointed in 1749. 
Sieur de la Jonquire, appointed in 1749. 
Marquis du Quesne de Menneville, appointed in 
1752. 

Sieur de Vaudreuil de Cavagnal, appointed in 1755. 



54 GOVERNMENT OF INDIANA. 

UNDER THE ENGLISH RULE THEY WERE : 

James Murray, appointed in 1765. 
Paulus Emilius Irving, appointed in 1766. 
Guy Oarleton, appointed in 1766. 
Hector T. Cramahe, appointed in 1770. 
Guy Oarleton, appointed in 1771. 
Frederick Haldemand, appointed in 177-1. 
Henry Hamilton, appointed in 1771. 
Henry Hope, appointed in 1775. 
Lord Dorchester, appointed in 1776. 

TERRITORIAL GOVERNORS I 

Arthur St. Clair, Governor Northwest Territory, from 
1787 to 1802. 

William H. Harrison, from 1800 to 1812. * 
Thomas Posey, from 1812 to 1816. 

GOVERNORS OF THE STATE: 

Jonathan Jennings, from 1816 to 1819. 

Jonathan Jennings, (second term,) from 1819 to 1822. 

William Hendricks, from 1822 to 1825. 

James B. Ray, (acting,) February, 1825. 

James B. Ray, from 1S25 to 1828. 

James B. Ray, (second term.) from 1828 to 1831. 

Noah Xoble,"from 1831 to 1831. 

Xoah Noble, (second term,) from 1831 to 1837. 

David Wallace, from 1837 to 1810. 

Samuel Bigger, from 1810 to 1813. 

James Whitcomb, from 1813 to 1816. 



* Indiana Territory was carved out of the Northwest Territory, and or- 
ganized in 1800. 



GOVERNMENT OF INDIANA. 55 

James Whitcomb, from 1846 to 1848. 

Parris C. Dunning, (acting,) from 1818 to 1819. 

Joseph A. Wright, from 1819 to 1857. 

Ashbel P. Williard, from 1857 to 1860. 

Henry S. Lane, (a few days,) 1860. 

Abram A. Hammond, (acting,) from 1860 to 1861. 

Oliver P. Mortion, (acting,) from 1860 to 1865. 

Oliver P. Morton, from 1865 to 1867. 

Conrad Baker, (acting,) from 1867 to 1869. 

Conrad Baker, from 1869 to 1873. 

Thomas A. Hendricks, from 1873 to . 



Questions— Will you name the French governors and administrators 
under whose jurisdiction the territory within the present State of Indiana 
was until its surrender to Great Britain ? Name the governors under Eng- 
lish rule. The American governors under the territorial government. The 
State governors. 



CHAPTER XIV. * 



TOPOGRAPHY AND MINERAL RESOURCES OF THE STATE OF IN- 
DIANA. 

The surface of the country is, for the most part 
gently rolling-. In the southern portion, along the Ohio 
river, there are a few hills ranging from fifty to four hun- 
dred feet in height, but the average height is probably 
not more than one hundred feet. About one-eighth part 



* This chapter is composed of extracts from a pamphlet entitled '* Indi- 
ana, Mineral. Manufacturing and Agricultural Resources," written by Hon. 
E. T. Cox, State Geologist. 



:>i> GOVERNMENT OF INDIANA. 

of the State is prairie land, and the remaining seven- 
eighths, when in a state of nature, was set with a dense 
growth of trees, suitable for timber. About one-third of 
the State is still covered with a fine forest. 

The State is well supplied with water courses. The 
Ohio river, one of the largest tributaries of the Missis- 
sippi river, Hows along its southern border, and is navi- 
gable by the largest class of steamboats for the greater 
part of the year. The Wabash river rises in the State of 
Ohio, crosses Indiana in a southwesterly direction, and 
thence to its junction with the Ohio river forms the 
boundary line between Indiana and Illinois. For a part 
of the year this beautiful river is navigable for steam- 
boats as far up as Lafayette, about three hundred miles 
above its mouth. In the northern part of the State there 
are numerous small fresh water lakes. 

Coal, the most valuable of all minerals, exists here 
in great abundance. The measures cover an area of 
about 6,500 square miles, in the southwestern part of the 
State, and extend from Warren county, on the north, to 
the Ohio river, on the south, a distance of about one hun- 
dred and fifty miles. The following counties lie within 
its area: Warren, Fountain, Park, Vermillion, Vigo, Clay, 
Sullivan, Greene, Knox, Daviess, Martin, Gibson, Pike, 
Dubois, Vanderburg, Warrick, Spencer, Perry, and a 
small part of Crawford, Monroe, Putnam and Mont- 
gomery. 

The coal is all bituminous, but is divisible into three 
well marked varieties : coking-coal, non-caking or block 
coal, and cannel coal. 

The total depth of the measures is from six hundred 



GOVERNMENT OF INDIANA. 57 

to eight hundred feet, with twelve to fourteen distinct 
seams of coal, though they are not all present through- 
out the entire area of the field. The seams range from 
one foot to eleven feet in thickness, and the field may, 
from the character of the coal, be divided from north to 
south into two zones ; the western contains the seams of 
caking coal, and the eastern the noncaking or block 
€oal. 

There are from three to four workable seams of cak- 
ing coal, ranging from three and a half to eleven feet in 
thickness. At most of the localities where these are be- 
ing worked, the coal is mined by adits driven in on the' 
face of the ridges, and the deepest shafts in the State are 
less than three hundred feet ; the ayerage depth to win 
the coal being not over seventy-five feet. 

Peat or Turf. — This fuel is found in considerable 
quantities in the northern portion of the State, but owing 
to an abundance of wood it is not much sought after. It 
has been used to some extent at the College of Notre 
Dame, at South Bend in St. Joseph county. 

Iron Ores. — There are numerous deposits of bog 
iron ore in the northern part of the State, and clay iron 
stones and impure carbonates and brown oxides are 
found scattered over the counties embraced in the coal 
measures. At some localities the beds are quite thick, 
and though lean compared with the rich pure ores of 
Missouri, will, nevertheless, prove valuable for mixing 
with the latter and aid in making special grades of iron. 

Building Stone. — Indiana possesses some of the finest 
quarries of building stone in the West. They include 

both lime and sandstone, brown sandstone, oolitic lime- 

5 



58 GOVERNMENT OF INDIANA. 

stone, lithographic stone, Ganister rock, such as is used 
for furnace hearths, and for lining Bessemer converters; 
and fire clays, used in the manufacture of fire-brick, are 
all to be found in abundance in the State. 



Questions— What is said of the surface of the State of Indiana? What 
proportion is prairie land and what proportion is covered with forest ? 
What is said of the water courses and lakes? What is the area of the coal- 
measures, and where located? Name the counties that lie within its area 
Into what varieties do geologists class Indiana coals? Give the depth of the 
coal measures, and number of distinct seams. How may the coal fields be 
divided? What is said of the workable seams of caking coal? What is said 
of turf ? Of iron ores? Building stone? 



GOVERNMENT AND LAV/. 



CHAPTER XV. 



OF LAWS AND THEIR NECESSITY — RIGHTS — ORGANIZATION OF 
GOVERNMENT — DUTIES. 

We learn from various sources that certain results 
may be expected from certain actions. 

We throw a ball into the air, and it returns to the 
earth. From this we discover that the action of the ball 
is regulated or governed by some rule. 

We hear astronomers speak of the path of a planet 
round its center; and we are informed that all the re- 
volving worlds are regulated in their movements by cer- 
tain fixed rules. 

We place our hands in the fire, and discover a rule 
that in such cases we are burned and suffer pain. 

We neglect to partake of food, and soon experience 
hunger. We partake of too much, or of certain qualities 
of food, and we become ill. Thus we discover that there 
are rules applying to actions. These rules, whether ap- 
plied to animate or inanimate nature, Ave call laws. 



60 GOVERNMENT OF INDIANA. 

From these illustrations, we perceive that law in a 
general and comprehensive sense, signifies a rule of ac- 
tion. 

In a more limited sense, law denotes a rule of human 
action or conduct. 

Those actions which tend to produce real happiness, 
we call good actions ; while those that tend to produce 
unhappiness, we call bad actions. 

We are so created as to be able to choose between 
good and evil. 

God, the source of all good, has commanded us what 
is right, and prohibited what is wrong. 

If mankind would, universally, obey the moral law 
as embraced in the "Ten Commandments," (Exodus 20) ; 
if they would ever remember and obey the law an- 
nounced by the Saviour, " Thou shalt love the Lord thy 
God with all thy heart, and with all thy soul, and with 
all thy mind ; and thy neighbor as thyself," there would 
be no necessity for human laws to punish individuals for 
doing wrong. 

Human beings are dependent upon God, and upon 
each other in a great measure, for their comforts and en- 
joymets; and growing out of this dependence, are cer- 
tain rights and duties. 

The necessity for rules or laws for the government 
of human -beings is apparent, when we observe and 
consider the many differences and difficulties among 
men which arise either from mistakes, honest disagree- 
ments, want of judgment, or intentional misconduct or 
wrong. 

Laws are necessary to secure and protect us in the 



GOVERNMENT OF INDIANA. 61 

enjoyment of our rights, and to indicate to us the duties 
we owe to others. 

A right is a legal title or a just claim to anything. 
We have a right to life, a right to our earnings, and a 
right to do as we please, and to go where we please pro- 
vided we do not interfere with the rights of others. 

One of the greatest sources of our enjoyment is our 
association and companionship with each other. We 
are created with inclinations and desires for this com- 
panionship. 

For the purpose of promoting the happiness of indi- 
viduals, they unite together in societies and are governed 
by certain rules and regulations. In this way they are 
enabled to defend their rights and to do right and justice. 
Where the people are thus united and have agreed upon 
or submitted to certain rules for their government, we re- 
fer to their organization as a State. 

A State is defined by Bouvier, as u a self-sufficient 
body of persons, united together in one community for 
the defense of their rights, and to do right and justice by 
foreigners." 

In a more limited sense, a State means the territory 
occux>ied by the united body of the people, as, the State 
of Indiana. 

Duty is defined as, "that which a person is. by any 
natural, moral or legal obligation, bound to do or refrain 
from doing/* 

Duty to God is, "that conduct which is due to Him, 
or it is the debt which we owe to our Maker." 

As children are dependent upon their parents, they 



62 GOVERNMENT OF INDIANA. 

owe them certain duties, not the least of which is obedi- 
ence to their commands. 

If we receive a benefit from another, it is our duty to 
compensate, in some way, the party from whom the 
benefit is received. 

As a citizen is dependent upon the State for the pro- 
tection of himself and his property, he is bound to 
observe the rules prescribed for his conduct. 

The duty which the citizen owes the State, namely : 
fidelity, loyalty, and obedience is called allegiance. 

The rights referred to in this lesson are subject to 
certain restrictions and limitations, and may be forfeited; 
or, when the public good requires it, may be taken from 
us. By violating the law we may forfeit our liberty and 
our property. If called upon to take up arms in behalf 
of the country, it is our duty to respond, and if needs be. 
to surrender our property and our lives. 



Questions.— What is said in the lesson as to actions and results ? What 
illustrations are given, and what conclusions are drawn from them ? What 
is law, considered in a general and comprehensive sense ? In a more limit- 
ed sense ? What is said of good actions and bad actions ? Of good and evil ? 
Of God's commands? Of the "Ten Commandments" ? Of a certain law an- 
nounced by the Saviour ? Of the dependence of human beings? State how 
the necessity for law is apparent ? For what are laws necessary? What is 
a right? Mention one of the sources of our enjoyment. What is said of the 
organization of society ? What is a State ? Define it. What is duty to 
God? What is said of the duty of children? Of duties growing out of 
benefits received ? Of duty to the State ? What is this duty called ? To 
what are our rights subject ? How may we forfeit our liberty and property ? 
What duty do we owe the country ? 



GOVERNMENT OF INDIANA. 63 



CHAPTER XVI. 



OF THE DIFFERENT FORMS OF GO VERNMENT— CONSTITUTIONS. 
AND THE PURPOSE THEY SERVE — DIVISIONS OF THE 
POWERS OF GOVERNMENT IN THE STATE OF INDIANA. 

Different forms of government prevail in different 
countries. 

In those countries where the power to govern and 
make laws is vested in one person, we call the govern- 
ment a monarchy. 

Where the great body of freemen assemble together 
to make the laws and transact the business of the State, 
we call the government a democracy. 

Where the chief magistrate gets his power to rule by 
inheritance, but has no power to make the laws, we call 
the government a mixed government, or a limited mon- 
archy. Such is the government of Great Britain. The 
laws are framed by Parliament, and when approved by 
the monarch become ox>erative. 

Where the people enjoy common rights and privi- 
leges, but exercise power by and through representatives 
elected by them, we call the government a republic. 
Every state in the American Union is a republic, 

A pure democracy and our American Republic 
differ in this, that in the former, the citizens assemble in 
a body and make the laws, while in the latter the people 
choose representatives to act for them. Both are gov- 
ernments of the people and derive their powers from 
them. 



6-i GOVERNMENT OF INDIANA. 

The form of government in each of the United States 
is represented by a written constitution. These constitu- 
tions are called the fundamental or political law. They 
are adopted as the agreement of the people — as the frame- 
work of the government — and limit the power of the 
various departments. 

Any act of the General Assembly or of any officer 
of the State which conflicts with any of the provisions of 
the constitution is invalid. Thus the people are protected 
against unjust enactments and usurpation of power by 
their public servants. 



Questions— Are the forms of government the same in all countries? What 
is a monarchy ? What is a democracy ? What is a mixed government or 
limited monarchy ? What form of government has Great Britain? What 
is a republic? What form of government has the states of the American 
Union ? Wherein consists the difference between a democracy and a re" 
public? From whence do republics and democracies derive their power? 
By what are the forms of government represented in the several states of 
this Union ? By what names are constitutions sometimes called ? What is 
the object or purpose of constitutions ? How do they protect the people ? 



CHAPTER XVII. 



GOVERNMENT OF INDIANA — DIVISIONS OF THE POWERS OF GOV- 
ERNMENT. 

By the State Constitution the powers of the govern- 
ment are divided into three separate departments : the 
legislative ; the executive, including the administrative :. 
and the judicial. 



GOVERNMENT OF INDIANA. 65 

The legislative department is that which enacts laws 
for the government of the people, and its power is vested 
in a General Assembly, which consists of a senate and 
house of representatives. 

The Constitution provides that the senate shall not 
exceed fifty, nor the house of representatives one hund- 
red persons, and that they shall be chosen by the electors 
of the respective counties or districts into which the 
State may from time to time be divided. 

Senators are elected for four years and representa- 
tives for the term of two years. 

The executive power of the State is vested in a gov- 
ernor, whose term of office continues for four years. It is 
the duty of the executive, aided by the administrative de- 
partment, to execute and enforce the laws. 

The judicial power of the State is, by the const! tution, 
vested in a supreme court, and in such inferior courts as 
the General Assembly may establish. It is the duty of 
this department to administer justice, to determine and 
declare the rights of parties, to investigate and decide 
whether the laws are observed or violated, and to declare 
and pronounce judgment according to law and the just 
deserts of the parties whose causes are submitted for ad- 
judication. The way in which these different depart- 
ments act in the discharge of their respective duties will 
be considered in subsequent chapters. 



Questions.— Into how many departments are the powers of the govern- 
ment divided? Name them. What is tl*e legislative department? What 
do the two houses of the legislature constitute? In what officer is the ex- 



66 GOVERNMENT OF INDIANA. 

ecutive power of the State vested ? What is the special duty of the execu- 
tive department ? In what courts is the judicial power vested? What is 
said of the duty of this department? 



CHAPTER XVIII. 



QUALIFICATIONS OF ELECTORS — NATURALIZATION OF FOREIGN- 
ERS. 

The right to vote is called the right of suffrage. Per- 
sons who have the right to make choice of public officers 
and to vote are called electors. 

In all elections under the laws of Indiana, every male 
citizen of the United States of the age of 21 years and up- 
wards, who has resided in the State during the six months 
immediately preceding such election ; and every male 
of foreign birth of the age of 21 years and upwards, who 
has resided in the United States one year, and in this 
State during the six months immediately preceding 
such election, and has declared his intention to be- 
come a citizen of the United States, conformable to 
the laws of the United States on the subject of naturali- 
zation, is entitled to vote in the township or precinct 
where he resides, unless rendered ineligible on account 
of crime. 

No person is deemed to have acquired a residence in 
any township, city or ward so as to entitle him to vote 
therein until he has been a hona fide inhabitant of such 
township or ward, at least twenty days before the day of 
the election at which such person shall offer to vote. 



GOVERNMENT OF INDIANA. 67 

Persons born in other countries are called aliens ; 
and to become citizens must be naturalized. To accom- 
plish this, the person desiring to become a citizen must 
go before the court or the clerk thereof, two years before 
he can be admitted as a citizen, and declare on oath, in 
writing, that he intends to become a citizen of the Unit- 
ed States, and to renounce his allegiance to his former 
government ; and he must declare on oath that he will 
support the constitution of the United States. Then two 
years thereafter, the court, if satisfied as to his moral 
character and loyalty, and that he has resided in the 
United States for five years, and in the State or Territory 
where the court is held, for one year, may admit him as a 
citizen. 

Persons residing within and under the jurisdiction of 
the United States, at any time between the 18th of June. 
1778, and April 14th, 1802, and who have continued to re- 
side therein, are exempt from the provisions of the pre- 
ceding paragraph. 

Any alien being a minor, who arrives in the United 
States when not over eighteen years of age, and contin- 
ues to reside therein, may, after he arrives at the age of 
twenty-one years, and after he shall have resided five 
years within the United States, be admitted as a citizen, 
without having made the usual declaration three years 
previous to his admission ; but this declaration must be 
made at the time of his admission, and he must declare 
to the court on oath, and prove that for three years next 
preceding, it has been his intention to become a citizen 
of the United States. 

When an alien, who shall have complied with the 
provisions of paragraph four, of this chapter, relative to 



68 GOVERNMENT OF INDIANA. 

declaring his intention, shall die before being natural- 
ized, his widow and children shall be considered citizens 
of the United States, and entitled to all the privileges as 
such, upon taking the oath prescribed by law. 

Aliens having borne any hereditary title, or been of 
any of the orders of nobility in the kingdom or state 
from which they came, must renounce such title, or order 
of nobility, before they can be admitted as citizens of the 
United States. 

When at war with another nation, the United States 
government will not admit to citizenship, the citizens, 
subjects, or denizens of such nation. 

The children of naturalized persons, being under the 
age of twenty-one years at the time of their parents be- 
ing naturalized, shall, if dwelling in the United States, 
be considered as citizens thereof. 

Children of persons who are or have been citizens of 
the United States, though born elsewhere, are considered 
as citizens of the United States. 

Any alien of the age of twenty-one years and up- 
wards, who has enlisted or shall enlist in the armies of 
the United States, either the regular or the volunteer 
forces, and has been, or shall be hereafter honorably dis- 
charged, may be admitted to become a citizen of the 
United States, upon his petition, without any previous 
declaration of his intention to become a citizen of the 
United States ; and he shall not be required to prove 
more than one year's residence within the United States 
previous to his application to become such citizen ; and 
the court admitting such alien, shall, in addition to such 
proof of residence and good moral character, as is now 



GOVERNMENT OF INDIANA. 69 

provided by law, be satisfied, by competent proof, of such 
person having been honorably discharged from the ser- 
vice of the United States as aforesaid. 

Aliens may be admitted to citizenship by any court 
of record having common law jurisdiction, and a seal, or 
clerk or prothonotary. 



Questions— What is the right to vote called? Who are called electors? 
Who are electors in Indiana ? What is an alien ? How are aliens natural- 
ized ? What is said of residents of the United States between June lSth, 
1778, and April 14th, 1802 ? Of alien minors who arrive in this country while 
under the age of eighteen years? Of the widow and children of aliens who 
die before being fully admitted to citizenship ? Of aliens having hereditary 
titles, or belonging to orders of nobility ? When will certain aliens not be 
admitted ? What is said of the minor children of naturalized persons ? Of 
children of American citizens, born in other countries? What is said of 
the naturalization of persons who have enlisted in the military service of 
the United States and been honorably discharged ? In what courts may 
aliens be admitted to citizenship? 



CHAPTER XIX. 



ELECTIONS — HOW CONDUCTED — CHALLENGE OF PERSONS OFFER- 
ING TO VOTE. 

In order that the government may be administered, 
it is necessary that officers be elected for that purpose. 

As the duties of some of these officers pertain to the 
whole State, we call them State officers; those whose 
duties are limited to the county, we call county officers : 
and those whose duties are limited and pertain to the 



TO GOVERNMENT OF INDIANA. 

government of the townships, towns or cities, we call 
township, town, or city officers, as the case maybe. 

These officers, as well as the military officers of the 
State, are required, before entering upon the duties of 
their office, to take a solemn oath to support the constitu- 
tion of the State and of the United States, and to dis- 
charge the duties of their respective offices faithfully. 

As a matter of convenience the State is divided in- 
to election districts or precincts. 

It is necessary that judges should preside at all elec- 
tions to receive the ballots offered, and discharge such 
duties in relation thereto as the law prescribes. In town- 
ships the trustee is, by virtue of his office, inspector of 
elections, and designates the places where they are to be 
held, and it is his duty prior to the opening of the polls 
at any precinct, to appoint two freeholders, qualified 
voters of such precinct, judges of elections, such judges 
being members of different political parties. This appoint- 
ment is to be made from the political parties casting the 
highest number of votes in the township or precinct. 
The judges and inspector constitute the board of elec- 
tion. 

In case the township has more than one precinct, the 
county commissioners appoint some freeholder to act as 
inspector. This inspector appoints judges of election, 
the same as trustees. 

The election board is required to appoint two clerks, 
one from each of the two political parties casting the 
highest number of votes in the township or precinct. 

In cities the common council, and in towns the trus- 
tees appoint three freeholders, qualified voters in each 



GOVERNMENT OF INDIANA. 71 

ward, one to act as inspector, and two as judges of elec- 
tions, such judges to be appointed, one from each of the 
two political parties casting the highest number of votes 
in such ward. The persons thus appointed choose two 
clerks of the election, one from each of the two political 
parties casting the highest number of votes in such 
ward. 

Provision has been made by law for the holding of 
special elections. These may be held for the purpose of 
filling vacancies occurring through the removal, resigna- 
tion or death of the officers, where such vacancies cannot 
be filled by appointment, or to enable people to vote 
upon measures submitted to them by some provision of 
law. 

Ballot boxes are }3rovided for each election precinct, 
in which the ballots of the electors are deposited. 



Questions. — For what purpose are officers elected? In treating of the 
officers required to carry on the government, under what general classifica- 
tion do we refer to them ? What is said of official oaths? What is said of 
judges and inspectors of election ? When do the county commissioners ap- 
point inspectors? What is said of the appointment of election clerks in 
townships ? In cities and towns ? What is said of special elections ? Of 
ballot boxes? 



72 GOVERNMENT OF INDIANA. 



CHAPTER XX. 



OF ELECTIONS CONTINUED — OF BALLOTS AND CHALLENGES. 

A ballot is a paper ticket on which is written or 
printed the names of the persons for whom the voter in- 
tends to vote, and the office to which the persons named 
on the ballot are intended to be chosen. The printed or 
written votes of any of the electors, upon any question 
or measure submitted to them at an election, is also 
called a ballot. 

The law provides that "all ballots which may be cast 
at any election shall be written or printed on plain white 
paper, without any distinguishing marks, or other em- 
bellishment thereon, except the name of the candidates 
and the office for which they are voted for, and inspec- 
tors of elections shall refuse all ballots offered, of any other 
description : Provided, Nothing herein shall disqualify 
the voter from writing his own name on the back 
thereof." 

The person offering to vote, delivers his ballot to the 
inspector, who receives the same and has it numbered 
with figures on the outside or back thereof, to correspond 
with the number placed beside the name of such voter, 
on the poll list kept by the clerks of the election. 

Any elector qualified to vote at the election may 
challenge any person offering to vote ; that is, may ob- 
ject to such person's voting, on the ground that he has 
not the legal qualifications entitling him to vote. When 



GOVERNMENT OF INDIANA. 73 

the challenge is made, one of the members of the elec- 
tion board administers an oath or affirmation to the per- 
son challenged. The form of the oath or affirmation is 
as follows: "You do swear (or affirm) that you 
are a citizen of the United States, that you are over 
twenty-one years of age, to the best of your information 
or belief, that you have been a bona Ude resident of this 
State for six months immediately preceding this election, 
that you are now and have been for twenty days last 
past, a bona Ude resident of this township, precinct or 
ward (as the case may be); that you are generally 
known by the name in which you now desire to vote ; 
that you have not voted nor will not vote at any other 
precinct, township or ward (as the case may be) in this 
election." 

And in the case of persons of foreign birth, the fol- 
lowing oath is administered: " That you have resided 
in the United States one year, and have declared your in- 
tention to become a citizen thereof in conformity with the 
laws thereof/' And in addition to such oath of such per- 
son proposing to vote, the following oath or affirmation of 
some freeholder who is a resident and voter of such 
township, precinct or ward (as the case may be), in 
which the challenged person asks to vote, shall be re- 
quired : u You do swear (or affirm) that you are a free- 
holder, owning real estate in your own right, held by deed 
in your own name, and that said real estate is situated 
in this election precinct, and that , who now de- 
sires to vote, has resided in this State for six months im- 
mediately preceding this election, and has been a bona 
-fide resident of this precinct for twenty days last past ; % 
which oath shall be written or printed, and signed by 
6 



74 GOVERNMENT OF INDIANA. 

the person making such oath, in the presence of the 
board of election ; which oath shall be administered by 
some member of the board, who shall affix his jurat 
thereto ; which affidavit shall be attached to and be re- 
turned with the poll list to the office of the county clerk. 



Questions.— What is a ballot ? What special provision of law is made in 
regard to ballots ? What is said of depositing and receiving ballots ? Who 
may challenge persons offering to vote? What is meant by challenge? 
When a challenge is made what course is pursued by the election board to 
determine the qualification of the elector ? What is said of the oath to be 
administered in such cases ? 



CHAPTER XXI. 



OF POLL-BOOKS. 

When the polls are closed, or at any time after four 
o'clock of the afternoon on the day of the election, when 
the judges are at leisure, they may open the ballot-boxes 
and commence counting the votes. 

When the votes are counted, the board of judges 
makes out a certificate stating the number of votes each 
person has received, and designating the office. The cer- 
tificate, with one of the lists of voters and one of the 
tally papers, is then deposited with the inspector or with 
one of the judges, selected by the board of judges. 

The inspectors of the townships or precincts, or judges 



OOVERNMENT OF INDIANA. 75 

of the election to whom such poll-book and tally-papers 
are delivered, constitute a board of canvassers who are 
required to canvass and estimate the certificates, 
poll-lists and tally-papers returned by each member of 
the board, for which purpose they assemble at the court 
houses of their respective counties on the Thursday next 
succeeding the general election, between the hours of 
ten a. M. and six o'clock p. m. 

This board, after a careful examination of the re- 
turns made to it. makes a statement containing the 
names of the persons voted for, the office, the number of 
votes given in each township to each person, the number 
of votes given to each in the county, and also the aggre- 
gate number of votes given. Each statement is signed 
by the board and delivered to the clerk, who files the 
asme in his office. 

When any person is elected to an office by the votes 
of a county, not to be commissioned by the governor, 
the clerk makes out and delivers to such person a certif- 
icate of his election; and where the persons elected are 
to be commissioned by the governor, he makes out a 
statement specifying the number of votes given to each 
person for the office to which he has been declared elected, 
and transmits the same to the secretary of state. 

When two or more counties compose a district to 
elect a senator or representative, the clerks of the circuit 
courts of such counties, on the day next succeeding the 
return day of such election, make out a certificate of 
the votes received by each individual for senator or rep- 
resentative and deliver the same to the sheriff. Such 
sheriffs are required to meet together on the Wednesday 



76 GOVERNMENT OF INDIANA. 

next following the return day of the election, at the 
court house of the oldest county in such district, where 
they compare the certificates, and make out and trans- 
mit to the person having the highest number of votes 
for senator or representative, a certificate of his election. 

The clerks of the circuit court, on the day succeeding 
the return day of the election, are required to make out 
certified statements of the number of votes given to 
each person for governor, for representative in Congress, 
judges of the supreme and circuit courts and courts of 
common pleas, clerk of the supreme court, reporter of the 
decisions of the supreme court, prosecuting attorneys^ 
superintendent of public instruction, secretary, auditor 
and treasurer of state, and for senators and representa- 
tives in the General Assembly, and transmit the same to 
the secretary of state. 

The secretary of state, in the presence of the gov- 
ernor, compares and estimates the number of votes given 
for judges of the supreme court, reporter of the decisions 
of the supreme court, clerk of the supreme court, secre- 
tary, auditor, treasurer of state, and superintendent of 
public instruction, and certifies to the governor the persons 
receiving the highest number of votes for such offices ; 
and also compares and estimates the number of votes 
given for the judges of the circuit court, judges of 
the court of common pleas, and prosecuting attorneys, 
and certifies to the governor the persons having received 
the highest number of votes in the respective districts 
already mentioned; and thereupon the governor trans- 
mits by mail to each person his commission. 

The secretary of state also certifies to the governor 
the persons having the highest number of votes for rep- 



GOVERNMENT OF INDIANA. 77 

resentatives in Congress in the several districts in the 
State, and the governor thereupon sends to the persons 
elected certificates of their election. 

The votes for governor and lieutenant-governor are 
certified to by the clerks of the circuit courts, and re- 
turned to the speaker of the house of representatives. 

As to the time of holding elections, see "Statutes of 
Indiana. Gavin and Hord," vol. 1. pp. 36 and 306 ; and 
volume 3, "Davis' Supplement," pp. 232-6-7. 



Questions, — What is said with reference to the counting of votes ? When 
the votes are counted, what is the hoard of judges required to do? State 
what is said of the organization of the county hoard of canvassers. What 
are the duties of this hoard ? When a person is elected by the voters of a 
county, how is he notified of his election ? What is said of the canvass of 
votes for senators and representatives, where two or more counties consti- 
tute a district ? What returns are to be made by the clerks of the circuit 
courts to the secretary of state? What is the secretary of state required to 
do with reference to these returns ? The governor ? 



CHAPTER XXII. 



HOW THE PRESIDENT AND VICE-PRESIDENT OF THE UNITED 
STATES ARE ELECTED. 

The people do not vote directly for President and 
Vice-President of the United States, but the voters of 
each State, on the Tuesday following the first Monday in 
November, every four year-, choose a number of men 
equal to the number of senators and representative 



78 GOVERNMENT OF INDIANA. 

which it is entitled in Congress. These are called Presi- 
dential electors. 

The State of Indiana is entitled to two senators and 
thirteen representatives in Congress ; hence, we choose 
fifteen Presidential electors. The statutes of Indiana re- 
quire the governor, before the first day of October in 
each year in which a Presidential election is to be held, 
to appoint some citizen in each congressional district as 
marshal. Each marshal has power to appoint deputies 
to assist him. 

It is the duty of the marshals or their deputies to 
visit the county seat of each county in their districts to re- 
ceive the election returns thereof from the clerks, depu- 
ties, or sheriffs officiating, and deliver the same, on the 
fourth Monday in the November following, to the secre- 
tary of state, in the presence of the governor. All the 
marshals in attendance compare their certificates and 
read aloud the number of votes each person has received, 
and make out an abstract of the persons voted for, and 
the number of votes given for each. 

The governor then sends certificates of their election 
to the persons receiving the highest number of votes. 

The electors so elected " assemble in the chamber of 
the house of representatives, on the first Monday in De- 
cember, or such other day as may be fixed by Congress, 
to elect the President and Vice-President." If any 
elector fails to appear before eleven in the morning of 
the day of their meeting, the electors present fill the 
vacancy by ballot, and the governor notifies the persons 
elected to fill such vacancy. 

The electors, when assembled, vote for President and 



GOVERNMENT OF INDIANA. 79 

Yice-President of the United States. A list of the per- 
sons voted for for President and Vice-President, and the 
number of votes for each, is then sent to the president 
of the United States senate. 

On the second Wednesday of February, the presi- 
dent of the United States senate, in the presence of all 
the senators and representatives, opens all the certifi- 
cates, and all the votes are counted. 

The persons having a maj ority of all the electoral votes 
for President and Vice-President, are declared elected. 
In case a person receives a plurality of the electoral vote 
for President, but not a majority, the house of represent- 
atives elects a President. 

Suppose there are three candidates for the office, and 
that of the 366 electoral votes, one candidate should re- 
ceive 150 votes, another 130 votes, and the other 86. 
Now, a majority of 366 cannot be less than 181; conse- 
quently neither would be elected. In such case the 
house of representatives would elect a President, the 
members of each State voting by themselves ; and a can- 
didate receiving a majority of the representatives of a 
State has one vote for such majority; that is, there are as 
many Presidential votes as there are States, and the per- 
son who receives the votes of a majority of the States is 
elected. 

If the electors fail to elect a Vice-President, the sen- 
ate, in a body, chooses one from the two having the high- 
est number of electoral votes. 



Questions.— How do people vote for President and Vice-President of the 
United States ? To how many Presidential electors is the State of Indiana 



80 GOVERNMENT OF INDIANA. 

entitled ? What is said of the appointment of marshals, and their duties ? 
What is done with the statement of the vote of electors ? How are the elec- 
tors notified of their election ? When and where do the electors assemble to 
vote for President and Vice-President ?' When and where is the vote of the 
various States counted and the result declared ? In case no person receives 
a majority of all the votes cast for President, how is the President elected ? 
What is the difference between a plurality and a majority? In case the 
electors fail to elect a Vice-President, how is that officer elected ? 



CHAPTER XXIII. 



THE GENERAL ASSEMBLY — HOW "ORGANIZED— ITS GENERAL 
POWERS AND DUTIES. 

As we have already seen, the legislative authority 
of the State is vested in the General Assembly, consist- 
ing of a senate and a house of representatives. 

The senate consists of fifty members and the house 
of one hundred members, chosen by the electors of the 
respective counties or districts into which the State is 
divided. 

Senators are elected for a term of four years, and 
representatives for a term of two years. 

The constitution provides that no person shall be a 
senator or a representative who at the time of his elec- 
tion is not a. citizen of the United States, nor any one 
who has not been for two years next preceding his elec- 
tion an inhabitant of the county or district whence he 
may be chosen. 

Senators must be at least twenty-five years old, and 
representatives at least twenty-one. 



GOVERNMENT OF INDIANA. 81 

The sessions of the General Assembly are held 
biennially at the capital of the State, commencing on the 
Thursday next after the first Monday of January. 

The governor, however, has power, whenever in his 
judgment the public welfare requires it, to call a special 
session. 

Each house chooses its own officers, judges of the elec- 
tions, qualifications and returns of its own members, and 
determines its rules of proceeding. Neither house, 
however, is authorized without the consent of the other, 
to adjourn for more than three days, nor to any place 
other than that in which it may be sitting. 

Every senator and every representative takes an 
oath to support the constitution of the United States, and 
the constitution of the State of Indiana ; and that he will 
faithfully discharge the duties of his office according to 
the best of his ability. 

Each house keeps a journal of its proceedings, and 
publishes the same. 

The yeas and nays, that is, the way in which the 
members vote on any question, must be entered on the 
journal at the request of any two members, together 
with the names of the members demanding the same ; 
but on a motion to adjourn it requires one-tenth of the 
members present to order the yeas and nays. 

Either house has x>ower to punish its members for 
disorderly behavior, and may, with the concurrence of 
two-thirds, expel a member, but not the second time for 
the same cause. 

No senator or representative is, during the term for 
which he may have been elected, eligible to any office 



82 GOVERNMENT OF INDIANA. 

the election of which is vested in the General Assembly ; 
nor can he be appointed to any civil office of profit which 
shall have been created, or the emoluments of which 
shall have been increased during such term. This pro- 
vision, however, does not apply to any office elective by 
the people. 

The house of representatives chooses one of its mem- 
bers to preside over it, who is called a speaker. The 
lieutenant-governor is the presiding officer of the senate, 
and is called the president, 

The presiding officer preserves order, and sees that 
the business of the house over which he presides is prop- 
erly attended to. 

When a question is to be decided by the house, he 
puts it to vote, that is, requests the members to express 
their judgment in favor of or against the measure. Those 
who favor the measure say u aye" ; those who oppose it say 

u no." 

Each house provides for the appointment or election 
of its subordinate officers — its clerks, sergeants-at-arms, 
etc. 



Questions.— Of bow many members does the senate consist ? The house 
of representatives ? For how long a term are senators elected ? Represent- 
atives ? State the legal qualifications for senators and representatives. 
When and where are the sessions of the General Assembly held ? What is 
said of special sessions ? What is said of the choosing of the officers of the 
General Assembly etc.? Of adjournments ? Of the official oaths of mem- 
bers? Of the legislative journal ? Of the ayes and noes ? What is said of 
the power to punish members ? Of the eligibility of members to hold other 
offices ? What is said of the presiding officer of the two houses ? Of voting ? 
Of subordinate officers ? 



GOVERNMENT OF INDIANA. 83 



CHAPTER XXIV. 



OF THE ENACTMENT OF LAWS — ELECTION OF UNITED STATES 

SENATORS. 

When the two houses are organized and ready for 
business, the governor presents to them his message. 
This is a written statement of the condition of the State, 
and calls attention to such subjects as the governor thinks 
needs legislation. 

The presiding officers of the respective houses usually 
appoint committees, to whom are referred the different 
subjects presented for the consideration of the General 
Assembly. Sometimes, however, committees are elected 
by the house or senate, instead of being appointed by 
the presiding officer. These committees consider and re- 
port upon matters referred to them. 

Were it not for these committees it would be almost 
impossible to transact all the business presented to the 
General Assembly. Some measures are proposed by the 
governor, and. others by the members. The people some- 
times want a law passed, and procure a paper to be drawn 
up, containing their wishes, which is called a petition, 
and send it to the Assembly. Suppose this petition asks 
the Assembly to pass a law in regard to education : the 
petition is referred to the committee on education. If 
the petition relates to insurance, it is referred to the 
committee on insurance, and so on. Sometimes mem- 
bers or others draw up bills which they desire to have 
passed. 



Si GOVERNMENT OF INDIANA. 

A bill is a draft of a proposed law ; or it may be de- 
fined as u an instrument presented to a legislative body 
for its approbation and enactment." These bills are re- 
ferred to the appropriate committees. If the bills so re- 
ferred are considered proper and necessary, the committee 
reports in favor of them and recommends that they be 
passed — that is, enacted into a law. 

These committees frequently draft bills and report 
them to the house. If a committee reports against a 
measure referred to it, the house generally concurs with 
its recommendation and dismisses the subject. 

It is not deemed necessary to state here all the par- 
ticular forms through which a bill must pass before it can 
become a law. It is perhaps sufficient to say that, after it 
has been discussed and amended, a final vote is taken on 
the question : " Shall the bill pass V If a majority of 
all the members vote u aye, " it is passed ; if not, it is 
lost. 

When a bill is passed by one house, it is sent to the 
other, where it is duly considered and voted upon. If it 
passes that house without amendment, it is sent to the 
governor for his approval. 

If a bill is amended in the second house, it is sent 
back to the house where it originated ; and when both 
houses finally agree, the bill is sent to the governor. 

If the governor does not approve the bill, he declines 
to affix his signature, and returns it with his reasons for 
withholding his approval, to the house where it originated. 
This refusal of the governor is called his veto, which is a 
Latin word, meaning, I forbid. 

Notwithstanding the veto, if a majority of all the 



GOVERNMENT OF INDIANA. 85 

members elected shall thereafter approve the bill, it be- 
comes a law. 

If the bill be not returned by the governor within 
three days, Sundays excepted, after it shall have been 
presented to him, it becomes a law without his signature, 
unless the General Assembly adjourn, so as to prevent 
its return, in which case it becomes a law, unless the 
governor, within five days next after such adjournment, 
files the bill, with his objections thereto, in the office of 
the secretary of state, who is required to lay the same 
before the General Assembly at its next session, in like 
manner as if it it had been returned by the governor. 
But no bill can be legally presented to the governor 
within two days next previous to the final adjournment 
of the Assembly. 

The General Assembly elects United States sena- 
tors. 

Each State is entitled to two senators, who are elect- 
ed for the term of six years. 



Questions.— When the two houses of the Assembly are organized, what 
duty does the governor perform ? What is said of the appointment of com- 
mittees ? What are the duties of these committees ? What is a bill ? When 
a bill is introduced, what course is usually pursued with reference to it? 
When a bill is passed, what is done with it ? What members of Congress 
are elected by the General Assembly ? What is said of the duties of the gov- 
ernor with reference to bills submitted for his approval ? Of the veto ? Of 
the effect of a failure to return the bill within three days? Of the election 
of United States Senators? 



EXECUTIVE DEPARTMENT. 



CHAPTER XXV. 



EXECUTIVE AND ADMINISTRATIVE — DUTIES OF THE GOVERNOR, 
LIEUTENANT-GOVERNOR, AND SECRETARY OF STATE. 

The executive power of the State is vested in a gov- 
ernor, who holds his office for four years, and is not 
eligible for more than four years in any period of eight 
years. The lieutenant-governor holds his office during 
four years. 

The constitution provides that " no person shall be 
eligible to the office of governor who shall not have been 
five years a citizen of the United States, and also a resi- 
dent of the State of Indiana during the five years next 
preceding his election ; nor shall any person be eligible 
to either of said offices, who shall not have attained the 
age of thirty years. 

No member of Congress or person holding any office 
under the United States, or under this State, is eligible 
to the office of governor or lieutenant-governor. 

The governor is commander-in-chief of the military 



GOVERNMENT OF INDIANA. 87 

and naval forces of the State, and may call out such 
forces to execute the laws, to suppress insurrections, and 
to repel invasions. He transacts all necessary business 
for the State with the officers of the government. He 
may convene the General Assembly on extraordinary 
occasions. He informs the General Assembly of such 
measures as he deems expedient. 

He may grant reprieves, commutations, and pardons 
for all offenses except treason and cases of impeachment. 
If a person has been found guilty of an offense and is 
sentenced to be x^unished, the governor has the power to 
postpone or put off the time when the punishment shall 
commence. This is called a reprieve. If he should set 
the person free and discharge him from punishment, this 
would be called a pardon. 

By commutation is meant the change of a punish- 
ment to which a person has been condemned, into a less 
severe one. In the case of the State against Dunning^ 
(9th Ind. Supreme Court Reports,) it was held that the 
power of the governor to remit fines and forfeitures is 
not absolute, but must be exercised pursuant to legisla- 
tive direction. 

When a person is convicted of treason, the governor 
may suspend the execution of the sentence, and report 
the case to the General Assembly, at its next meeting, 
when the General Assembly shall either pardon, commute 
the sentence, direct its execution, or grant a further 
reprieve. 

The lieutenant-governor i-. by virtue of his office, 
president of the senate; and in case of the impeachment 
of the governor, his removal from office, death, inability, 



88 GOVERNMENT OF INDIANA. 

resignation, or absence from the State, the duties of the 
office devolve upon the lieutenant-governor. 

The State officers elected by the people, in addition 
to the governor and lieutenant-governor, are secretary, 
auditor, treasurer, attorney-general, superintendent of 
public instruction, judges of the supreme court, clerk of 
the supreme court, and reporter of the supreme court. 

Other State officers are either appointed by the gov- 
ernor or elected by the General Assembly. 



Questions.— What is said of the executive power of the State ? Of the 
legal qualifications of the governor and lieutenant-governor? What rela- 
tion does the governor sustain to the military and naval forces of the State? 
Enumerate other duties and powers of the governor. What is a reprieve ? 
A pardon ? A commutation ? What may the governor do in relation to a 
conviction for treason ? What is said of the lieutenant-governor? Mention 
what State officers are elected by the people? What is said of the election 
or appointment of other State officers? 



CHAPTER XXVI. 



OF STATE OFFICERS AND THEIR DUTIES, CONTINUED — SECRE- 
TARY OF STATE — AUDITOR OF STATE — STATE TREASURER 
— ATTORNEY-GENERAL — SUPERINTENDENT OF PUBLIC IN- 
STRUCTION — CLERK OF SUPREME COURT — REPORTER OF 
SUPREME COURT. 

The secretary of state is required, among other 
things, to keep and preserve the enrolled copy of the 



GOVERNMENT OF INDIANA. 89 

constitution of the State; description of the State seal- 
manuscripts containing the enrolled acts and joint reso- 
lutions of the General Assembly, with the books of rec- 
ords and other documents deposited in his office. He is 
required to register and attest all the official acts and 
proceedings of the governor; to attend to the printing of 
the resolutions passed by the General Assembly, and to 
superintend the distribution of the same as required by 
law. 

Among the many duties the auditor of state is re- 
quired to perform, the following may be mentioned : He 
is required to keep the accounts of the State ; to examine 
and liquidate the accounts of the county treasurers and 
other collectors and receivers of the State revenues ; to 
examine, adjust, and settle the claims of debtors and 
creditors of the State, as provided by law ; to prosecute 
suits for the recovery of the debts or property of the 
State, and to superintend the collection of moneys due 
the State. He has to superintend the fiscal concerns of 
the State and their management, as required by law ; and 
furnish the proper forms to the assessors, collectors, 
treasurers, and auditors of the counties. 

The State treasurer has charge of the public moneys 
that are paid into the State treasury. He is required to 
keep, in books provided for that purpose, correct and 
separate accounts of all moneys received and paid out by 
him, by virtue of his office. He is required to pay all 
warrants drawn on him by the auditor, out of the public 
moneys appropriated by law for the payment of services 
or demands, on account of which such warrant was allow- 
ed or issued. 

The attorney-general is the law officer of the State. 

7 



90 GOVERNMENT OF INDIANA. 

He is required to prosecute and defend all criminal or 
State prosecutions in the supreme court ; and all suits 
that may be instituted by or against the State, the pros- 
ecuting or defending of which is not otherwise provided 
for by law, " whenever notified ten days of the pendency 
thereof, by the clerk of the court in which such suits are 
pending ; and whenever required by the governor or a 
majority of the officers of State, in writing, to be fur- 
nished him within a reasonable time for the purposes 
therein contemplated." 

Whenever required so to do by any officer of the 
State, it is his duty to furnish the applicant a written 
opinion touching any point of law concerning the official 
duties of such officer; and to either branch of the General 
Assembly, when requested so to do by a resolution there- 
of, he gives opinions concerning the validity of an ex- 
isting or proposed law. 

The duties of the superintendent of public instruc- 
tion will be considered in the chapters on Education and 
Educational Institutions. 

The clerk of the supreme court is required to 
procure and preserve in his office all records and 
other books and stationery required by the supreme 
court ; to attend in person or by deputy, the terms of 
such court. He is empowered to administer all oaths 
authorized by law ; he issues processes from the supreme 
court, under his hand and seal of office ; endorses the time 
of filing documents required to be filed in his office, and 
makes a complete record of all causes finally determined 
in the supreme court, except the transcript of the court 
below, and performs such other duties as clerk, as are 
required by the rules of the court. 



GOVERNMENT OF INDIANA. 91 

The reporter of the supreme court is required to 
have printed and published all decisions of said court 
during his continuance in office, within six months of the 
end of the term at which they have been made. 



Questions. — Mention some of the duties of the secretary of state, as indi- 
cated in this lesson. Of the auditor of state. Of the state treasurer. Of the 
attorney-general. Of the clerk of the supreme court. Reporter of the su- 
preme court. 



CHAPTER XXVII. 



OF STATE OFFICERS. CONTINUED — STATE GEOLOGIST — LIBRA- 
RIAN — STATE AGENT — COMMISSIONERS — NOTARIES PUB- 
LIC. 

The duties of the adjutant-general and the quarter- 
master-general pertain to the military department of 
the State. 

A department of geology and natural history has 
been established by law. in connection with and under 
the control and direction of the State board of agricul- 
ture, for the collection and dissemination of information 
in relation to geological and other scientific investiga- 
tions for the promotion of agriculture, mining, the arts, 
and manufactures. 

The State geologist, who is appointed by the gover- 
nor, has charge of this department. He is required to 



92 GOVERNMENT OF INDIANA. 

make a geological survey of the State ; to collect, and 
properly label and arrange, in the State agricultural rooms? 
specimens of ores, coals, building stones, clays, soils, 
and organic remains, quadrupeds, birds, reptiles, fishes, 
Crustacea, mollusca, insects, and all other objects of 
natural history peculiar to the State, and, as far as prac- 
ticable, of other states and countries also. 

His term of office continues for two years. He is, by 
virtue of his office, regarded as a member of the faculty 
of the State University, and is required in his reconnoi- 
sance to collect duplicate specimens of mineralogy and 
geology, and deposit one set of the same in the cabinet 
of the State University. 

The State librarian is elected by the General Assem- 
bly. He is the keeper of the State library, and is re- 
quired to take charge of the State-house, with all its 
furniture and appendages, and of the ground, fences, 
trees, and appurtenances belonging to the State-house 
square. 

The librarian holds his office for two years. 

By the law of 1852 the State agent has charge of the 
suspended debt of the State and kll liabilities growing out 
of the internal improvement system, with authority to 
adjust such liabilities without suit. 

Provision has been made by law for the establish- 
ment of various boards, to discharge duties in which the 
people of the State are more or less interested. 

It is frequently the case that for the discharge of par- 
ticular duties, a single person is employed, called a com- 
missioner. If two or more are employed, we refer to them 
as a "board," or "board of commissioners. " Some of these 



GOVERNMENT OE INDIANA. 93 

commissioners or boards are appointed by the governor ; 
others are elected by the people; while some of them are 
designated by name, in the law creating the office and 
prescribing the duties thereof. 

Some of the State boards are composed of State offi- 
cers, who, in addition to their other duties, are required 
by law to act together in managing and controlling cer- 
tain public interests. Trustees and directors of the 
various charitable, benevolent, penal and reformatory 
institutions of the State, may. with propriety, be called 
boards. Their duties will be considered hereafter. 

The governor appoints commissioners in other states, 
territories, and countries, who hold their office for four 
years, who have the power to take depositions and affi- 
davits to be used in the courts of this State, and the 
acknowledgment of instruments to be recorded in this 
State. 

He also appoints notaries public in this State, who 
are authorized to acknowledge deeds and other instru- 
ments of writing: to administer oaths, and take and certify 
affidavits and depositions; to demand acceptances of bills 
of exchange and promissory notes, and protest the same 
for non-acceptance or non-payment. 

A State board of agriculture is provided for by law, 
consisting of sixteen members. 

Annual meetings of the board, with the presidents of 
the county agricultural societies, or other delegates there- 
from, who are. by virtue of their office, members of the 
State board of agriculture, are held at the city of Indian- 
apolis, for purposes of deliberation and consultation as 
to the wants, prospects, and condition of the agricultural 



94 GOVERNMENT OF INDIANA. 

societies throughout the State. At this meeting the 
several reports from the county societies are delivered to 
the president of the State board of agriculture ; and the 
presidents and delegates from the county societies elect 
suitable members to fill all vacancies in the State board. 

The State board has power to hold State fairs, at 
such times and places as the board may deem proper and 
expedient. 

The board is, by law, a body corporate, with power 
to purchase and hold real estate for purposes of holding 
State fairs, and other uses of the board, to an amount 
not exceeding eighty acres. 

By the statute of 1871, three members of the State 
board of agriculture are added to the board of trustees of 
Purdue University, located in Tippecanoe county, by 
appointment of the governor, on the recommendation of 
the State board of agriculture. 

Among the officers appointed by the governor, not 
already referred to, may be mentioned commissioners of 
the House of Refuge ; board of managers of Female 
Prison ; trustees of the Normal School ; board of visitors 
of Female Prison and Reformatory ; and pilots at the falls 
of the Ohio river. 

Of the officers elected by the General Assembly, may 
be mentioned trustees of the Wabash and Erie canal ; 
trustees of Northern Prison; trustees of Southern Prison; 
board of trustees of benevolent institutions, and trus- 
tees of the Soldiers' Orphans' Home. 



Questions.— What is said in this lesson of the department of geology and 
natural history? Mention the duties of the State geologist. What relation 
does this officer sustain to the State University? What is said of the State 



GOVERNMENT OF INDIANA. 95 

librarian and his duties ? Of the State agent ? What is said of the establish- 
ment of the various boards ? What is said of commissioners of deeds ? 
Of notaries public and their powers ? What is said of the annual meeting 
of the State board of agriculture ? Of the election of members ? What is 
said of State fairs ? Of the corporate powers of the board of agriculture ? 
What is said with reference to the trustees of Purdue University ? Name 
some of the officers, not already mentioned, appointed by the governor. 
Officers elected by the General Assembly. 



CHAPTER XXYHL 



OF COUNTIES AND COUNTY OFFICERS. 

As it would be impossible for the State officers, whose 
duties we have considered, to transact all the public 
business necessary for the peojjle, the State has been 
subdivided into smaller portions of territory, each of 
which has a government not inconsistent with that of 
the State. Of these subdivisions the largest, for the 
purposes of government, are counties. 

The constitution of the State provides that there 
shall be elected in each county, by the voters thereof, at 
the time of holding the general election, a clerk of the 
circuit court, auditor, recorder, treasurer, sheriff, coroner, 
and surveyor : that the clerk, auditor, and recorder shall 
continue in office four years, and that no person shall be 
eligible to the office of clerk, recorder, or auditor more 
than eight years in any period of twelve years. 

The treasurer, sheriff', coroner, and surveyor continue 
in office two years, and no person is eligible to the office 



96 GOVERNMENT OF INDIANA. 

of treasurer or sheriff more than four years in any period 
of six years. 

The constitution also provides that such other county 
and township officers as may be necessary shall be elect- 
ed or appointed in such manner as may be prescribed by 
law. 

The clerk is required, among other things, to keep 
the records and papers pertaining to the circuit court 
within his county ; to register the names of all county 
and township officers whose bonds are filed with him ; 
when they were commissioned ; when they qualified and 
gave bonds; the names 'of sureties; expiration of terms 
of such officers, and the time of the occurring of a va- 
cancy ; to issue marriage licenses ; to issue subpoenas for 
the attendance of witnesses before him on inquests to 
determine the question of the sanity of alleged insane 
persons. 

The county auditor is, by law, clerk to the board of 
county commissioners, and keeps a record of their pro- 
ceedings. 

He is required to examine and settle all accounts 
and demands chargeable against his county which are 
not directed to be settled and allowed by some other tri- 
bunal or person ; and for all such sums of money settled 
and allowed by himself, such other tribunal or person, 
or where the same is fixed by law, he issues his orders 
on the treasurer of the county. 

He is required to keep an account current with the 
treasurer. 

The duties of the auditor in relation to the levy and 
collection of taxes will be considered hereafter. 



GOVERNMENT OF INDIANA. 97 

It is the duty of the county treasurer to collect and 
receive the moneys required to be raised in his county 
to defray the expenses of the State, county, and town- 
ship governments, and pay the same out in the manner 
prescribed by law. 

The county recorder provides, at the expense of the 
county, suitable blank books, which he keeps in his of- 
fice at the county seat, and in which he keeps the records 
of the deeds, mortgages, or other papers which by the 
law it is proper to record in his office, that may be pre- 
sented to him. 

The object in recording these papers is that they 
may be preserved to give notice to all persons interested 
in their existence. 

The sheriff has the charge and custody of the jails in 
his county, and the prisoners in the same. It is his duty 
to preserve the public peace and apprehend offenders. 

He is required to execute all warrants, writs, and 
other process to him delivered by proper and lawful 
authority, and to attend and preserve order in all courts 
of record in his county, except justice's courts. 

The county coroner, like the sheriff, is a conservator 
of the peace, and performs like duties in arresting of- 
fenders against the laws of the State, and in suppressing 
affrays and breaches of the peace. 

He performs the duties of the sheriff in cases where 
the sheriff' is of necessity absent, or otherwise incapaci- 
tated from serving. 

It is the duty of the coroner, when informed that a 
person has come to his death by violence or casualty, to 



98 GOVERNMENT OF INDIANA. 

issue his warrant summoning a jury to hold an inquest 
to determine the cause of death. 

In order to determine the location and boundary 
lines of lands, provision has been made by law for the 
election of a county surveyor, who, when applied to by 
any party in interest, and in the manner prescribed by 
law, is required to make and execute surveys within his 
county. 

The law provides that the survey of such surveyor 
shall he prima facie evidence in favor of the corners es- 
tablished and the lines run by him ; but an appeal may 
be taken to the circuit court, at any time within three 
years from the time of making the survey, which court, 
on good cause shown, may reverse the survey. The law 
requires county surveyors to act with commissioners 
when locating certain roads, marking the place, and de- 
termining what portion of the road shall be worked by 
certain individuals. (See Statutes of Indiana, Davis' 
Supplement, p. 297.) 

The duties of assessor will be considered in treating 
of the public revenues. 



Questions.— What are the largest subdivisions of the State for the pur- 
poses of government? W r hat constitutional provision is made with refer- 
ence to the election of county officers ? Their terms of office ? Mention 
some of the duties of the clerk. Auditor. Treasurer. Recorder. Sheriff. 
Coroner. Surveyor. 



GOVERNMENT OF INDIANA. 99 



CHAPTER XXIX. 



OF COUNTY COMMISSIONERS. 

The constitution provides that the General Assem- 
bly may confer upon the boards doing county business, 
in the several counties, powers of a local administrative 
character. 

Provision is made by law for the organization of a 
board of commissioners in each county for transacting 
county business, consisting of three qualified electors to 
be elected at the general election. 

Each county is divided into three districts, and one 
commissioner is elected from the residents of each dis- 
trict by the voters of the whole county, who holds his 
office for three years. 

The commissioners meet at the court house or audi- 
tor's office in each county on the first Monday in March, 
June, September, and December in each year, and on the 
first Monday after the second Tuesday in October ; and 
in counties whose population is under ten thousand, 
such commissioners may sit six days at such terms ; in 
counties whose population exceeds ten thousand and 
is under thirty thousand, they may sit nine days ; but 
in counties whose population exceeds thirty thousand, 
the commissioners may sit fifteen days, if the business 
requires it. Special sessions of the board may be called 
when the public interests require it. 

The board of county commissioners has power to 



100 GOVERNMENT OF INDIANA. 

manage and control the public property of the county, 
and allow accounts chargeable against the county, not 
otherwise provided for. They make the levy of county 
and township taxes, and direct the raising of such means 
as may be necessary to defray the county expenses. 
They also audit the accounts of the officers having the care 
and management of collection or disbursement of any 
moneys belonging to the county or appropriated for its 
benefit. The board also has power to make appropria- 
tions for putting and keeping canals in repair; to make 
allowance for board and lodging of indigent cripples ; to 
purchase land for agricultural and other fairs, and to issue 
permits to sell intoxicating liquors; and may sell public 
property or purchase the same for the use of the county, 
under certain restrictions. They lay out and vacate pub- 
lic highways, and have general superintendence over the 
same. 



Questions.— What powers does the constitution confer upon boards doing 
county business ? What is said of the organization of the board of commis- 
sioners ? Of their election and term of office ? Of the place of their meet- 
ing? Of the length of time they may continue in office? Mention some of 
the powers of the county commissioners. 



CHAPTER XXX. 



OF TOWNSHIPS AND TOWNSHIP OFFICERS. 

Each organized township has a government of its 
own. and its people elect officers to administer such gov- 



GOVERNMENT OF INDIANA. 101 

eminent — to discharge certain duties for the good of the 
people. 

Each township has a trustee, who holds his office for 
two years. He has charge of the public affairs of the 
township. His duties in relation to the public schools 
will be considered in the chapter entitled Education and 
Educational Institutions. 

Each township is entitled to three justices of the 
peace, who hold their term of office for four years ; three 
constables, and one coroner, who hold their offices for one 
year. 

Townships are divided into highway districts, and a 
supervisor is elected for each district, whose term of of- 
fice continues for one year. , 

Justices of the peace, constables, and supervisors 
of roads are elected on the first Monday in April. 

The number of justices of the peace in a township 
may be increased by order of the board of county com- 
missioners, when circumstances seem to require it. The 
duties of justices will be considered when treating of 
the judiciary. 

The township trustee keeps a record of his official 
acts and proceedings, and of the accounts allowed and ad- 
justed by him. He keeps an account of the receipts and 
expenditures of the civil township and of the school 
township. It is his duty to receive and take charge of 
all moneys which bylaw are to be paid into the township 
treasury. 

The assessors are required to make and return to 
the county auditors lists and valuations of all the tax- 
able property in their respective townships, with other 
statistical facts, from time to time. 



102 GOVERNMENT OF INDIANA. 

Constables are ministerial officers of justices of the 
peace. A ministerial officer is one who acts under the 
authority of a superior, and does what his superior orders 
him to do. Constables are required to post up warrants for 
elections, and to serve copies of election lists, to ar- 
rest, on view or warrant, and bring to justice all felons 
and disturbers and violators of the criminal laws of this 
State, and to suppress all riots, affrays, and unlawful as- 
semblies. In discharging their duties constables may 
call to their aid the power of the county, or such assist- 
ance as may be necessary. 

It is the duty of supervisors of roads to open, or 
cause to be opened, the public roads in their respective 
districts (except such as are by law exempt from their 
care), to superintend the work thereon as required by 
law, and to keep the same in repair. 



Questions.— What is said in the first paragraph of this lesson with refer- 
ence to townships and officers ? What officer has charge of the public affairs 
of the township ? What is said of the election of other officers? What of 
highway districts ? What officers are elected on the first Monday of April ? 
W r hat is said of increasing the number of justices in a township? Mention 
sonie of the duties of township trustees. Of assessors. Of constables. Of 
supervisors of roads. 



CHAPTER XXXI. 



CITIES AXD VILLAGES. 

Where a large number of houses and inhabitants are 
established in one place, it is found necessary for the 



GOVERNMENT OF INDIANA. 103 

preservation of good order, and for the purpose of mak- 
ing those public improvements essential for the conven- 
ience and comfort of the people, to exercise powers of 
government not conferred upon townships, and therefore 
the people of such places are authorized by law to unite 
in a body politic, and when so united their corporations 
are known as cities or towns. 

In respect to the exercise of certain corporate pow- 
ers, and to the number, character, power and duties of 
certain officers, these corporations are divided into cities 
and incorporated towns. 

Cities and towns are incorporated by a vote of a ma- 
jority of the people in the territory proposed to be incor- 
porated. 

All municipal corporations are vested with certain 
general powers ; may sue and be sued, contract and be 
contracted with, and may hold and possess property, real 
and personal. 

The powers conferred upon these corporations differ 
according to their grade ; greater powers and privileges 
being conferred upon municipalities of the higher class 
or grade. 

When a large number of persons are assembled to- 
gether, their wants and necessities are more diversified, 
and their relative rights and duties more difficult to ad- 
just, and hence the necessity for conferring greater pow- 
ers upon the government of such localities. 

No town can be incorporated as a city until it has a 
population of at least three thousand. 

As certain rules and regulations which could not be 
anticipated by the General Assembly, are found neces- 



104 GOVERNMENT OF INDIANA. 

sary in cities and towns, limited legislative powers are 
conferred upon them, which is exercised by a body elect- 
ed by the people, known as trustees, councilmen, or al- 
dermen. 

The cities are divided into wards or districts for the 
sake of convenience, each ward being entitled to be rep- 
resented in the government of the city. 

Each municipality has a chief executive officer, 
called a mayor, and such other subordinate officers as are 
authorized by law, to superintend the interests of the 
municipality, and to preserve good order therein. 



Questions.— What is said as to the organization of cities and towns, and 
the necessity therefor ? Their classification ? Of their gen eral powers ? Are 
their powers equal ? Why not ? What is said of their legislative powers ? 
Of wards ? Of officers ? 



JUDICIAL DEPARTMENT. 



CHAPTER XXXII. 



ESTABLISHMENT AND JURISDICTION OF COURTS. 

As people often fail to agree with regard to their 
rights and duties, and as they sometimes violate their 
agreements with each other, or disobey the laws, it is 
necessary that tribunals should be provided to adminis- 
ter justice ; to determine and declare the rights of parties ; 
to investigate and decide whether the laws are observed 
or violated, and to declare and pronounce judgment ac- 
cording to law and the just deserts of the parties. These 
determinations are called judicial. 

By the constitution of the State, the judicial power 
is vested in the supreme court, in circuit courts, and 
such other courts of inferior jurisdiction, as the General 
Assembly may establish. 

The supreme court consists of five judges, who hold 
their office for six years. This is the highest court in the 
State. 

When it is conceived that the proceedings of inferior 

8 



106 GOVERNMENT OF INDIANA. 

courts have been erroneous, the supreme court has 
power to review and correct the same. 

The appellate jurisdiction of the supreme court, that 
is, the jurisdiction by virtue of which that court takes 
cognizance of appeals from inferior tribunals, extends 
only to the judgments, orders and decrees of courts cre- 
ated and organized in pursuance of the provisions of the 
constitution. 

The judges of the supreme court elect one of their 
number chief justice, at the beginning of each term, for 
that term. 

The supreme court is required by law to hold at least 
two terms each year. Its sessions are held at Indianap- 
olis. 

The State is divided into thirty-nine circuits. Each 
of these circuits has one judge, whose term of office con- 
tinues for six years. 

Appeals lie from the circuit to the supreme court. 
The circuit court has original jurisdiction in all civil 
cases, both at law and equity, where the sum or matter 
in dispute exceeds the jurisdiction of justices of the 
peace, and appellate jurisdiction from the decision of 
county commissioners, justices of the peace, and other 
inferior courts in the proper county, in all civil cases ; 
-also of all crimes and offenses except in cases of minor 
offenses, the exclusive jurisdiction of which is invested 
injustices of the peace. It also has jurisdiction in cases 
of divorce and alimony. 

Persons often have reduced to writing what dispo- 
sition they wish made of their property, and what they 
desire to be done after their death. This writing the 



GOVERNMENT OF INDIANA. 107 

person signs his name to, or authorizes some one else to 
sign it for him in his presence rand at his request, two 
other persons sign their names to the instrument as wit- 
nesses. This instrument is called a will. A will, there- 
fore, is ** the legal declaration of a man's intentions of 
what he wills to be performed after his death." A will 
is sometimes called a testament. These wills are proved 
before and recorded in the circuit court. 

All business pertaining to the estates of deceased 
persons is within the jurisdiction of the circuit courts. 

Four terms of the circuit court are usually held in 
each county, each year. 

In some of the larger cities of the State, " superior 
courts " have been established, whose jurisdiction with- 
in their respective cities is nearly the same as that of the 
circuit court. 

Other courts of limited jurisdiction are also estab- 
lished in cities and villages, whose duties are chiefly con- 
fined to causes growing out of alleged violations of the 
laws or ordinances of their respective municipalities. 

Some of these municipal courts have jurisdiction 
similar to that of justices of the peace. 

Provision is made by law for the trial of questions 
of fact, in most cases, by a jury, if desired. 

The law also provides for grand juries in each county. 
Ir is the duty of this body of men to examine witnesses 
to ascertain whether an offense has been committed, and 
who is probably guilty thereof. If, from the evidence, 
the members of the grand jury think a person charged 
with an offense should be tried, they draw up a writing, 



108 GOVERNMENT OF INDIANA. 

charging him with the offense of which they think he is 
guilty. 

This writing is called an indictment. It is signed by 
the foreman, endorsed " a true bill," and returned to the 
circuit court. The person accused may then be tried. 

Under certain restrictions, " justices of the peace 
have concurrent jurisdiction, of any sum not exceeding 
two hundred dollars, with the circuit court." 

In the following cases justices have no jurisdiction : 

1. In actions for malicious prosecution ; or 

2. In actions for slander, verbal or written ; or 

3. In actions in which the title to real estate is 
sought to be recovered, or may be drawn in question, ex- 
cept actions of trespass on real estate, which are provid- 
ed for by law ; nor for breach of marriage contract. 

Justices of the peace have jurisdiction in criminal 
cases, co-extensive with their counties. They have no 
authority, however, to render final judgment in such 
cases, except for the punishment of minor offenses. [See 
Statutes of Indiana, Gavin and Hord, 636.] In all crim- 
inal cases the accused may be brought before a justice 
for examination, and if in the opinion of the magistrate 
there is good cause to hold the accused for trial, he re- 
quires him to give bail for his appearance before the 
proper court, or commits him to jail to await his trial. 
All offenses are bailable by sufficient surities, except 
murder and treason, where the proof is evident or the 
presumption strong. 

Mayors, and police judges, like justices of the peace, 
are conservators of the peace, and may issue warrants for 



GOVEBNMENT OF INDIANA. 109 

the apprehension of any person accused of crime, and re- 
quire 'the accused to enter into a recognizance with se- 
curity, or in default of bail commit him to jail to answer 
before the proper court for the offense. 

The judgments, orders and decrees of the several 
courts are enforced by virtue of warrants, executions or 
other appropriate writs issued for that purpose [For list 
of property exempt from sale on execution, see Statutes 
of Indiana, 2d Gavin and Hord, 368-9.1 

To enable judgment debtors to pay judgments 
against them without sacrificing their property, provis- 
ion is made in most cases for a " stay of execution," on 
giving security for the payment of the judgment, as fol- 
lows : On judgments for six dollars, or less, thirty days ; 
from six to twelve, sixty days; from twelve to twenty, 
ninety days; from twenty to forty, one hundred and 
twenty days; from forty to one hundred, one hundred 
and fifty days ; over one hundred dollars, one hundred 
and eighty days. 



Questions— For what purpose are judicial tribunals provided ? In what 
courts is the judicial power of the State vested ? Of how many judges is the 
supreme court composed ? What is their term of office? What is said of 
the jurisdiction of the supreme court ? What judge is chief justice ? How 
often and at what place are the terms of the supreme court held ? Into how 
many judicial circuits is the state divided ? How many judges are there for 
each circuit ? What is their term of office ? What is said of the jurisdiction 
of the circuit court ? What is a will, and what is said of it ? What is said of 
the jurisdiction of circuit courts with reference to the estates of deceased 
persons ? How often are the terms of the circuit court held ? What is said 
of the establishment and jurisdiction of other courts ? Of juries ? Of grand 
juries? What is said of the concurrent jurisdiction of justices of the peace ? 
In what cases have justices no jurisdiction ? What is said of the jurisdiction 
of justices, police judges, and mayors, in criminal cases? Of the enforc- 
ing of judgments, etc.? Of the "stay of execution "? 



.A ^ "~ r 




EDUCATION AND EDUCATIONAL 
INSTITUTIONS. 



CHAPTER XXXIII. 



COMMON SCHOOLS — SCHOOL OFFICERS AKD THEIR DUTIES. 

No State in the Union, it is believed, has made more 
ample provisions for the free education of its youth than 
the State of Indiana. It has a permanent school fund of 
nearly nine millions of dollars. 

Each civil township and each incorporated town or 
city is a corporation for school purposes, with powers to 
make contracts and to sue and be sued. 

The common council of each city, and the board of 
trustees, of each incorporated town, are required to elect 
three trustees who constitute the school board. These 
trustees elect one of their number president, one secre- 
tary, and one treasurer. 

The township trustees are, by virtue of their office, 
school trustees. The trustees receive and pay out school 
revenue, take charge of the educational affairs of their 
respective towns, townships, and cities ; employ teachers, 



112 GOVERNMENT OF INDIANA. 

and establish and locate schools; provide suitable houses, 
furniture, apparatus, and other articles necessary for 
the schools. 

The trustees of two or more distinct municipal cor- 
porations for school purposes may establish graded 
schools, and have power to purchase suitable grounds 
therefor, and to erect suitable buildings thereon. 

School trustees of incorporated towns and cities have 
power to employ a superintendent for their schools. The 
trustees of the several townships, towns, and cities, have 
power, under certain restrictions, to levy a special tax 
for the construction, renting, and repairing of school 
houses, providing school apparatus and fuel for the 
school, and for the payment of other necessary expenses 
of the school, except tuition. 

The county auditor is required to make the proper 
assessments upon the property and polls liable for taxa- 
tion for State and county purposes, for school tax levied 
by the trustees, in the same manner as for State and 
county revenue. This tax is collected by the county 
treasurer as other taxes, and paid to the treasurer for 
school purposes, of the proper township, town, or city, up- 
on the warrant of the county auditor. 

The trustees are required to make an enumeration 
of all children, white and colored, between the first of 
March and the first of May each year, between the ages 
of six and twenty-one years, exclusive of married persons ; 
and also to make lists of the names of parents, guardi- 
ans, or heads of families having the charge of such chil- 
dren, and opposite each name enter the number of chil- 
dren in charge of the persons so named, specifying the 
number of males, number of school to which such person 



GOVERNMENT OF INDIANA. 113 

is attached for school ^purposes, and the number and 
initials which designate the Congressional township in 
which such person resides. 

Persons listed in each town or city are considered as 
forming but a single school district, distinct from the 
township in which they are situated. 

Each trustee is required, on or before the first day of 
May, annually, to report and file with the county superin- 
tendent a copy of his list and enumeration. 

The trustees of each township, town, or city, are re- 
quired annually to furnish the county superintendent 
complete statistical information concerning the schools 
under their charge. 

When persons can be better accmomodated at the 
school of an adjoining township or any incorporated town 
or city, the trustee of the town or city in which such per- 
son resides may transfer them on the lists for education- 
al purposes to such township, town, or city. 



Questions. — What is the amount of the permanent school fund of Indi- 
ana? What subdivisions of the State constitute corporations for school 
purposes? How are school boards elected and organized in cities and 
towns ? What township officer acts as school trustee ? Mention some of the 
duties of school trustees. What is said of graded schools? Of superintend- 
ents ? What powers have the trustees in relation to levying taxes ? What 
is the county auditor required to do in relation to school taxes? The treas- 
urer? What provisions are made with reference to the enumeration? To 
certain reports to the county superintendent ? To school districts in towns 
and cities ? What is said of the transfer of persons from one district to an- 
other? 



114 



GOVERNMENT OF INDIANA. 



CHAPTER XXXIV. 



OF COMMON SCHOOLS, CONTINUED — SCHOOL DISTRICTS — SCHOOL 
DIRECTORS — SCHOOL MEETINGS — COUNTY SUPE RINTEND- 
ENTS — EXAMINATION OF TEACHERS — COUNTY BOARD. 

Each school is numbered, and the different school 
districts are located by the trustees. 

The voters of each district elect one of their -num- 
ber director of 



the school, and 
in case of fail- 
ure to elect, 
the trustee ap- 
points a direc- 
tor f or the 
school. 

All tax-pay- 

ers of the 
school district, 
and persons 
transferred for 
school purpos- 
es, are voters 
at school 
meetings, ex- 
la grange collegiate institute. cept married 

women and minors. 

The school meeting may determine what branches 




GOVERNMENT OF INDIANA. 115 

shall be taught in addition to orthography, reading, writ- 
ing, arithmetic, geography, English grammar, physiolo- 
gy, and the history of the United States. 

The school director in each district is required to take 
charge of the school house and property belonging there- 
to, under the general order and with the concurrence of 
the trustee. He is required to visit the school, and may 
when necessary exclude any refractory pupil therefrom. 

The decision of a director in excluding a x^upil is> 
subject to appeal to the trustee, whose decision is final. 

County superintendents are elected by the county 
commissioners, and are required to discharge the duties 
heretofore required of school examiners. They are re- 
quired to hold at least one public examination of persons 
applying for licenses to teach, in each year in each coun- 
ty. They are authorized to charge each person exam- 
ined the sum of one dollar; but when engaged in the 
discharge of other duties they are entitled to three dol- 
lars per day for their services. 

It is the duty of the superintendent to see that the 
interest of the school fund is paid and properly appor- 
tioned. 

The county superintendent has a general superin- 
tendence of the schools of his county; is required to at- 
tend and preside at an institute in each township at least 
once in each year, and visit each school once a year for 
thepurpose of increasing its usefulness ; to decide cer- 
tain controversies of a general nature arising under the 
school law, and to carry out the orders and instructions 
of the State board; govern and superintend the public 
instruction, and make out annually and forward to the 



116 GOVERNMENT OF INDIANA. 

State superintendent the enumeration of their respect- 
ive counties, and to furnish him with other statistical in- 
formation provided for by law. 

The county superintendent and the trustees of the 
townships, and school trustees of the towns and cities of 
the county, constitute a county board of education. 

It is the duty of the board to consider the general 
wants and needs of the schools and school property of 
which it has charge, and all matters relating to the 
purchase of school furniture, maps, charts, etc. The 
change of text-books, except in cities, and in the care 
and management of township libraries, is to be deter- 
mined by this board; and each township is required to 
conform as nearly as practicable to its action ; but no 
text-book adopted by the county board shall be changed 
within three years from the date of such adoption, ex- 
cept by the unanimous vote of all the members of such 
board. 



Questions.— What is said of the duty of trustees with reference to the 
numbering of schools ? Of directors ? What persons are entitled to 
vote at school meetings? What power has a school meeting with reference 
to branches of study ? Mention some of the duties of the director. How 
are county superintendents elected? What is said of the examination of 
teachers ? Of the school fund ? Mention other duties of the superintendent. 
What officers constitute the county board of education ? What are the du- 
ties of this board ? 



GOVERNMENT OF INDIANA. 



11' 



CHAPTER XXXY. 



OF PUBLIC SCHOOLS. CONTINUED — TOWNSHIP INSTITUTES — 
SCHOOLS FOE COLORED CHILDREN — SUPERINTENDENT OF 

PUBLIC INSTRUCTION — STATE BOARD OF EDUCATION — 
COUNTY INSTITUTES — SCHOOL TERMS. MONTHS. AND WEEKS 
— THE BIBLE — COMMISSIONERS IN CITIES. 

The law provides that at least one Saturday in each 
month, during which the schools may be in progress, 
shall be cle 



voted to 
to wnship in- 

s t i t n t e s 
o r m o d e 1 
schools for 
the impro ve- 
in ent of 
t e a chers; 
and two Sat- 
urdays may 
be appropri- university of notre dame. 

ated, at the discretion of the trustee of any township. 

The trustee or trustees of any township, town, or 
city, are required to organize the colored children into 
separate schools, having all the rights and privileges of 

other schools of the township : Providi 7. there are not 
a sufficient number within attending distance/ several 
districts may be consolidated and form one district : and 




118 GOVERNMENT OF INDIANA. 

if there are not a sufficient number within a reasonable 
distance to be thus consolidated, the trustee or trustees 
are required to provide such other means of education 
for such children as shall use their proportion according 
to the principles of the school revenue, to the best ad- 
vantage. 

The State superintendent of public instruction holds 
his office for two years. He has a general superintend- 
ence of the business relating to the common schools of 
the State, and of school funds and school revenues. It is 
his duty, among other things, to visit each county in the 
State, at least once, during his term of office, and to exam- 
ine the auditor's books and records, relative to the school 
funds and revenues. In short, he is authorized to exer- 
cise such supervision over the school funds and revennes 
as may be necessary to ascertain and insure their safety. 

It is his duty to publish the laws in relation to com- 
mon schools and the school funds, with necessary forms of 
instruction and regulations, and distribute the same 
among the school townships. He submits to the Gen- 
eral Assembly a biennial report of his administration of 
the system of public instruction, furnishing such inform- 
ation as is deemed essential to advance the educational 
interests of the State. 

The governor of the State, State superintendent of 
public instruction, president of the State University, 
president of Purdue University, president of the State 
Normal School, superintendent of common schools of 
three of the largest cities in the State, constitute a board, 
denominated the u Indiana State Board of Education." 

This board takes cognizance of such questions as 



GOVERNMENT OF INDIANA. 119 

arise in the practical administration of the school system 
as are not otherwise provided for, and determine the 
same. 

The State board of education has power to grant 
certificates of. qualification to such teachers- as are found 
to possess eminent scholarship and j)rofessional ability, 
and to furnish satisfactory evidence of good moral char- 
acter. Certificates granted by the State board entitle 
the holder to teach in any of the schools of the State 
without further examination, and are valid during the 
life-time of the holder, unless revoked by the board, for 
good cause shown. 

Each applicant for examination must pay to the 
treasurer of the board five dollars, as a fee. 

Provision is made by law for holding county teach- 
ers' institutes at least once in each year in each county, 
the expenses of which are paid out of the county treas- 
ury. When such institutes are in session, the common 
schools of the county are required to be closed. 

The law provides that the school term or terms shall 
be sixty days ; a school month twenty days ; and a 
school week five days. 

The law provides that the Bible shall not be exclud- 
ed from the public schools of the State. 

In cities having over thirty thousand inhabitants, the 
voters of each school district therein may elect a com- 
missioner to serve as a member of the board of school 
commissioners of such city. This board is authorized to 
district the city for the purpose of electing commission- 
ers, and also to subdivide the city for general school pur- 
poses ; to levy taxes for the support of schools and free 



120 GOVERNMENT OF INDIANA. 

libraries ; to make regulations for libraries ; to examine 
teachers ; to purchase grounds ; construct school houses ; 
furnish supplies ; employ and pay teachers ; appoint 
superintendents, and to establish regulations for the grad- 
ing and government of the schools. 



Questions.— What provision is made by law for the holding of township 
institutes? For the organization of schools for colored children? What is 
said of the duties of the State superintendent of public instruction ? What 
persons constitute the State board of education ? Of what matters does the 
State board take cognizance ? What certificates are granted by the board ? 
What provision is made for the the holding of county institutes? How 
many days constitute a school term? A school month? A school week? 
What provision is made with reference to the bible ? What provision is 
made in certain cities with reserence to school commissioners? Mention 
some of their duties ? 



GOVERNMENT OF INDIANA. 



121 



CHAPTER XXXVI. 



UNIVERSITIES. COLLEGES, NORMAL SCHOOLS, ACADEMIES AND 
FEMALE SEMINARIES. 

A universal school, or university, is one in which all 

the most important branches of science are taught, and 
which has. at the 
same time, the 
right to confer 
honorary distinc- 
tions on scientific 
merit. 

A full univer- 
sity course em- 
braces theology, 
medicine, law. and 
the sciences and 
arts. 

The word col- 
lege, in its pri- 
mary sense, signi- 
fies a collection 
or a s s e m b 1 y. 
This name is also 
given to a society 
of persons engag- battle ground collegiate institute. 

ed in the pursuits of literature. These institutions, like 
universities, are incorporated or established by the legis- 
lative power of the State. 
9 




122 GOVERNMENT OF INDIANA. 

Originally, colleges were members of a university, 
and had no power to confer degrees. But in America 
and in Scotland this distinction is lost sight of, and col- 
leges and universities alike confer degrees. 

Normal Schools are established for the instruction 
and training of teachers in their profession. In England 
they are called " Training Colleges '" ; and in Germany. 
"Seminaries." The first normal school established in 
Great Britain was the Sessional School of Edinburg, in 
1830. The first established in America was in 1839, at 
Lexington, in Massachusetts. In 1870 there were eighty- 
two normal schools in America. 

In common acceptation, the word academy is applied 
to institutions of learning of a grade between common 
schools and colleges. Strictly speaking, however, it sig- 
nifies " a society of savans or artists etsablished for the 
promotion of literature, science or art." 



Questions.— What is a University ? What does a full university course 
embrace ? What does the word college signify ? Hoav are colleges estab- 
lished ? What is said of the relation of colleges to universities, originally ? 
Of degrees ? Does this distinction continue? For what purpose are normal 
schools established? What are they called in England? In Germany? 
When and where was the first normal school established in Great Britain ? 
In America ? How many normal schools were there in America in 1870 ? 
What is said of academies ? 



GOVERNMENT OF INDIANA. 



123 



CHAPTER XXXVII. 




THE STATE UNIVERSITY — PURDUE UNIVERSITY — THE STATE 
NORMAL SCHOOL — OTHER. INSTITUTIONS. 

The State of Indiana lias 
very wisely made provi- 
sion for giving its citizens 
something more than the 
rudiments of an education. 
In the language of the Hon. 
J. H. Smart, now State 7 
Superintendent of Public 
Instruction, in his address 
before the State Teachers' 
Association, Dec. 30, 1873: 
" It would not be a difficult 
task to show that the State 

has a deep interest in the lYJEROM^I^Cf^lND. 
education— yes, in the higher education of its sons and 
daughters. The surest, cheapest, and best way for the 
State to preserve itself is to educate her children." 

Indiana State University —This institution is located 
at Bloomington. In 1816, Congress gave to the State a 
township of land in Monroe county, and about 19,000 
acres in Gibson county, to be held in trust, for the pur- 
pose of establishing a college or university. A portion 
of these lands was sold in 1824, and a seminary established 
with the proceeds, which, in 1829, was advanced to the 
grade of a college. In 1838, it was chartered as a uni- 



«*S^8ftl«5W« 






124 GOVERNMENT OF INDIANA. 

versity, and a law department was established in 1812. 
Since then further provisions have been made in relation 
to this institution, so that we may truly say "it has a place 
in the affections of her people and for forty years has been 
educating their sons in the higher branches of learning." 
An arrangement has been made between the trustees of 
the university and the State board of education, where- 
by " a student can pass without interruption from the 
lowest class in the common schools of the State to the 
senior class of the university." The literary, law, and 
medical departments of this university rank among the 
foremost in the country. It is controlled by a board of 
trustees, consisting of eight persons. 

Purdue University. — This university is situated near 
Lafayette, and has for its object " to teach such branches 
of learning as are related to agriculture and mechanical 
arts, to promote the liberal and practical education of the 
industrial classes in the several pursuits and professions 
of life." The General Government donated to the State 
of Indiana land scrip amounting to 390,000 acres, for the 
purpose of establishing a college for the benefit of agri- 
cultural and mechanical arts. In 1865, the General 
Assembly of the State accepted this donation, and or- 
ganized a board of trustees for the management of the trust 
funds, under the corporate name of u The Trustees of the 
Indiana Agricultural College." On the 9th of April, 1867, 
the land scrip was sold for $212,338.50. This, with accrued 
interest, now amounts to about $365,000. In 1869, the 
General Assembly passed an act accepting a donation of 
$150,000, which had been tendered, under special condi- 
tions, by John Purdue, of Lafayette; and also a donation of 
$50,000, tendered by Tippecanoe county. By this act the 



G0VERN3IEXT OF INDIANA. 125 

name of the board was changed to %i The Trustees of the 
Purdue University,- and the name, " Purdue University," 
given to the institution, which was then assigned its 
present location. The governor of the State is ex- officio 
a trustee and president of the board. The university 
was formally opened to students on the 17th of Septem- 
ber. 1874. The trustees have ordered that education in 
the university shall be distributed into the following de- 
partments : 1. School of Natural Science ; 2. School of 
Engineering; 3. School of Agriculture; 1. .School of 
Military Science. 

The State Normal School. — This is located at Terre 
Haute, and is supported by the State. Its object is the 
training and instructing of teachers for the public schools 
of the State, in science, literature, and the methods of 
instruction. It is under the control of a board of trus- 
tees. It is becoming deservedly popular, has received 
high encomiums from some of the best educators in the 
country, and is accounted one of the greatest educational 
powers in the State. 

The trustees, as will be seen by the following pro- 
vision of the statute, may grant certificates to teachers : 

" The board of trustees are authorized to grant, from 
time to time, certificates of proficiency to such teachers 
as shall have completed any of the prescribed courses of 
study, and whose moral character and disciplinary rela- 
tions to the school shall be satisfactory, and at the ex- 
piration of two years after graduation, satisfactory evi- 
dence of professional ability to instruct and manage a 
school having been received, they shall be entitled to a 
diploma appropriate to such professional degrees as the 
trustees shall confer upon them; which diploma- shall 
be considered sufficient evidence of qualification to teach 
in any of the schools of this State." 



126 GOVERNMENT OF INDIANA. 

Besides the State institutions, there are, as will be 
seen by the table following this chapter, many other in- 
stitutions of learning, supported by religious denomina- 
tions and private enterprise. The late Superintendent of 
Public Instruction, the Hon. Milton B. Hopkins, in his 
last report, mentioned as prominent among these Asbury 
University, at Greencastle ; Wabash College, at Craw- 
fordsville ; the Northwestern Christian University, at 
Irvington, near Indianapolis ; the University of Notre 
Dame, near South Bend; Earlham College, at Richmond; 
and Hanover College, at Hanover, Jefferson county. 

There has been established recently, by private 
enterprise, a normal school at Valparaiso, which has 
alreadv a lar^e number of students. 



Questions.— What is said of the provision niade by the State for higher 
education ? Give the location and history of the State University. What 
departments has it ? What is the object of Purdue University? Give its 
history. What schools are included in it? What is said of the State Nor- 
mal School ? Of granting certificates ? Of other institutions of learning ? 



GOVERNMENT OF INDIANA. 



121 



UNIVERSITIES, COLLEGES. ACADEMIES. 
SEMINARIES OE INDIANA. 



AND 



[Most of tlie information embraced in the following table lias been de- 
rived directly from the presidents or principals of the several institutions. 
In other cases it has been copied from the Biennial Report of the State Super- 
intendent of Public Instruction, for the years 1S73-4."! 



Name of Institution. 



Location. 



- 








DO 


ED 


- = 


No. 


StucVts z 


~ >. 


- o 








^.Z 






> :_ 


• - 










if ^ 






OS 


X 


1-7 








ED 


- 


a - 


'— ~ 






~ 




° ft 


-3 2 


& 





n 


~5 


-- 

— 3 


- z 


c 


01 




C 


— 






« 


H 



z- 



Aged Poor's Home 

Asbury University 

Bloomingdale Academy___ 

Collegiate Institute 

Collegiate Institute 

Collegiate Institute 

Commercial College 

Concordia College 

De Pauw Female College— 

Earl ham College 

Female College 

Ft. Wayne College 

Franklin College! 

Friends' Academy 

Green Hill Academy 

Green Hill Seminary 

Hanover College .. 

Harts ville University 

Indiana University 

Alale and Female College- 
Moore's Hill College 

Moravian Female Sem'ary 
Northern Ind. Normal Sch'l 
N. W. Christian University 

Oxford Academy 

Purdue University, * 

St. Bonaventure college— 

st. Joseph Academy 

St. Joseph's Academy 

St. Mary's Academy." 

St. Meinard's College 

St. Michael's Academy 

Smithson College 

Spiceland Academy 

State Normal School 

University of Notre Dame- 
Union Christian College.— 

Vincennes University 

Wabash ( College = 

See preceding chapter, 



Indianapolis 

Greencastle 

Bloomingdale _. 
Battle Ground- 
Ontario 

Stockwell 

Terre Haute. 

Fort Wayne 

New Albany 

Richmond 

Greencastle 

Fort Wayne 

Franklin 

Richmond 

Columbia City- 
Green Hill 

Hanover 

Hartsville 

Bloomington... 

Bedford—' 

Moore's Hill 

Hope 

Valparaiso 

Indianapolis 

Oxford 

Lafayette . 

Terre Haute 

south Bend 

Terre Haute 

Notre Dame 

st. Meinard's 

Plymouth 

Logansport 

Spiceland 

Terre Haute 

Notre Dame 

Merom 

Vincennes 

Crawfordsville 



1873 


33 


1887 


453 


184(i 


157 


1857 


329 


1840 


90 


I860 


239 


1862 


260 


1839 


265 


1845 


92 


1859 


221 


1870 


45 


1846 


71' 


1-72 


, g 


1869 


130 


1873 


, s 


1869 


68 


1828 


124 


1852 


144 


1828 


425 


1871 


115 


1851 


164 


1866 


70 


1873 


1326 



33S 115 8 

"l Z 7 l52 5 



•>':> 



37 



231 29 
285 

.„_ 92 



112 



109 9 

45 3 

37 7 

24 5 

___ 6 

43 2 



: 5o 

1350,00015,000 

11,300| 1,000 
25,000 1,500 

15.0Ut» 

20,500 100 
1,600 . 



106 
363 



1855 153 

1S74 ____ 
1872 155 
1865 185 
1872 L35 
L855 266 



884 



26 



7" 8 

442 

44 8 



185 9 



[8(50 
1 871 1 
1872 
1856 



69 

loo 









157 



80,000 

50,000 

150,000 

~75,000 
42,000 

25,250 

2.50i) 

275, 

20,0 10 
255,000 

17,000 

40,000 

45.0 4, 

7. "75 
31,500 



L842 

L859 
1838 
1833 



3o0 

m 

217 



350 
89 



~r2~ooo 

113,500 



■>•> 

.V, 

.... 11 



19,600 
332,500 



5.000 
1,000 
4,000 

' 155 

2,000 



7,000 
711 

8,00Q 

30 

400 

500 



000 
500 



70> 
5,000 



.500 
2,0. 



15,000 



400 

13,000 



The Hand Performs the Office of the Tongue. 




MANUAL ALPHABET 




A B NYl ^ L 



3 




Earth speaks With many Tongues, Heaven knows but 



BENEVOLENT. PENAL AND REFOR- 
MATORY INSTITUTIONS. 



CHAPTER XXXVIII. 



BENEVOLENT INSTITUTIONS. 

Such institutions as are supported by the State, or 
some subdivision thereof, as a county, city, town, or 
township, are called public institutions ; while those sup- 
ported by private charities, or from means other than 
public revenue, are called private institutions. 

Indiana Institution for Educating the Deaf and 
Dumb, at Indianapolis. At the session of the General 
Assembly of 1542-3. an act was passed authorizing the 
levy of a ** tax of two mills on each one hundred dollars 
worth of property in the State, for the purpose of support- 
ing a Deaf and Dumb Asylum." In 1844, what had be- 
fore been a private institution for the education of deaf 
mutes became a State institution. The building now 
occupied as the asylum was completed in 1S5<>. 

The object of this institution is to give its pupils a 



130 GOVERNMENT OF INDIANA. 

sound education, comprising all those branches usually 
pursued in our first-class public schools. 

The primary department consists of seven grades, 
and embraces a seven years' course of study. The acad- 
emic department consists of three grades and one special 
division, and embraces a three years' course of study. 

There is an industrial department in connection with 
the institution, so that every pupil on leaving it may 
be proficient in some useful occupation or trade. 

There are, at this time (1875), about three hundred 
pupils in attendance at the institution. 

Indiana Institute for the Education of the Blind, 
at Indianapolis, was founded by the State in 1S17. 

The building now occupied was opened in 1853, and, 
including the ground, cost the State about $110,000. The 
institution has a literary department, a musical depart- 
ment, and a handicraft or industrial department. 

Though sight may not be restored to the blind, the 
pupils in this institution are so educated as to enable 
them to exercise other faculties in acquiring knowledge. 
They are taught useful occupations, and new fields are 
opened to their perceptions, thus partially relieving the 
solicitude to which the blind are always, in some meas- 
ure, consigned. 

Indiana Hospital for the Insane, near Indianapolis, 
was established by the State in 1817. The cost of the 
property, including improvements since 1S17, amounts 
to over half a million dollars. 

There are in this institution about five hundred 
patients, who are treated with the utmost care by per- 



GOVERNMENT OF INDIANA. 131 

sons specially adapted, by education and experience, to 
the treatment of mental diseases. 

Among the ancients it was generally believed that 
insane persons were possessed of evil spirits ; and many 
cruel and inhuman devices were resorted to, such as im- 
prisonment in dungeons, chains, and flagellations, in or- 
der to drive out the demons. But we have reason to be 
thankful that science has, in a great measure, superseded 
superstition and ignorance, and that in so many instan- 
ces, by the skillful application of medicinal and hygienic 
agencies, the poor afflicted inmates of this and similar 
institutions are being restored to health, and mental 
vigor. 

Indiana Soldiers' and Seamen's Orphans' Home, 
at Knightstown, in Rush county. On the 11th of March, 
1867, provision was made by the General Assembly for 
the establishment of this institution. It was founded 
for the benefit of needy persons, in the following order: 
u Disabled soldiers and seamen ; orphans under fifteen 
years of age, of deceased soldiers and seamen, whose 
mothers are living ; widows of deceased soldiers and sea- 



a & 5 



There are now (1875) about three hundred and fifty 
children, inmates of the home. 

There is an excellent school connected with the in- 
stitution, and the children are instructed in the branches 
usually taught in the graded schools of the country. 

There are in the State numerous other charitable in- 
stitutions, including xjoor-houses and the like. 

In all the large cities there are institutions for the 
care of those who are unable to care for themselves. 



132 GOVERNMENT OF INDIANA. 

Some of these are supported by the municipalities in 
which they are located, while others are maintained by 
voluntary offerings of those who live to do good, and to 
brighten the pathway of the poor and unfortunate of 
our race. 



Questions.— What is the distinction between public and private institu- 
tions ? What is said of the Indiana Institution for the education of the 
deaf and dumb ? Of the institution for the education of the blind? Of the 
hospital for the insane ? Of the soldiers' and seamen's orphans' home ? Of 
other charitable and benevolent institutions? 



CHAPTER XXXIX. 



PENAL AND REFORMATORY INSTITUTIONS. 

Penal and reformatory institutions have been found 
necessary for the punishment and reformation of those 
who commit crime. They are also necessary to restrain 
offenders, and thereby deprive them of the opportunity 
or power to violate the law. 

There are two State prisons in Indiana, one at Michi- 
gan City, and the other at Jeifersonville. The former is 
is called the Northern Indiana Prison^ and the latter 
the Indiana State Prison South. The persons commit- 
ted to these prisons are those who are convicted of the 
highest grades of offenses — that is. those that are consid- 
ered most atrocious and wicked. 



GOVERNMENT OF INDIANA. 133 

All offenses punishable by death or imprisonment in 
the State's prison are denominated felonies. 

Each of these prisons is under the management and 
government of a board of directors, consisting of three 
persons, elected by the General Assembly. 

The board of directors elect a warden, who has a 
general superintendence of the prison. He, with the ad- 
vice and consent of the directors, appoints a deputy 
warden, clerk, and such number of assistant keepers as 
the directors may deem necessary. 

The directors are required to appoint a physician 
and a moral instructor. 

It is the duty of the physician to visit the prison at 
least once in each day; to attend to all cases of sickness 
in the prison, and to have a general sanitary oversight of 
it. 

The moral instructor is required to superintend the 
mental and moral improvement of the convicts ; instruct 
them once every Sabbath ; visit them when sick ; have 
charge of the prison library, and superintend the distri- 
bution and use of the books, and adopt such other means 
for the reformation of the convicts as he, the warden, 
and directors may deem expedient. He is also required 
to teach such convicts as the warden shall send to him 
for that purpose, the arts of reading and writing, also 
arithmetic and geography. 

The convicts are required to perform manual labor, 
under certain rules and regulations prescribed by law. 

The number of convicts in the State Prison South 
was, on the 15th of December, 1871, 417 ; in the North- 
ern Indiana Prison, 155. 



13i GOVERNMENT OF INDIANA. 

The House of Refuge for Juvenile Offenders is lo- 
cated at Plainfield, on a farm of two hundred and twenty- 
five acres. The farm is divided as follows : Seventy- 
eight acres under tillage ; ninety-five acres in timber ; 
twenty-two acres in the yards surrounding the buildings ; 
twenty-seven acres in garden, fruits, and creek ; and 
three acres, north of the national road, detached from 
the main body of the land. 

This institution is under the control of a board of 
commissioners, consisting of three persons, appointed by 
the governor, by and with the advice and consent of the 
senate. 

Children under eighteen years of age, convicted of 
crime ; those whose conduct is so vicious as to render 
their control beyond the power of their guardians or 
parents ; and those who are destitute of a suitable home 
and of adequate means of obtaining an honest living, or 
who are in danger of being brought up to lead an idle 
and immoral life, may be committed to this institution. 
The orders or commitments by which persons are com- 
mitted to the House of Refuge require their detention 
until they reach the age of twenty-one years, or until 
they shall be reformed. The superintendent, however, 
with the approval of the commissioners, has power at 
any time to discharge any inmate committed to the in- 
stitution; or may apprentice or bind out such person dur- 
ing his minority. 

The inmates are instructed in the common school 
branches, and are required to labor a portion of the time 
in the shops or upon the farm. 

While the commissioners impose no religious creed 



GOVERNMENT OF INDIANA. 135 

or dogma on the confiding and impressible minds of the 
hoys, they are taught, by precept and example, the moral 
and religions principles that underlie a good character. 

In teaching them their duty to God, to themselves 
and their fellow men. they train them to respect law and 
authority, and the great duty of self-government, so that 
in the trials of life they may maintain their integrity, 
stand firm in the day of temptation and resist evil, live 
a pure, happy life, die honored and lamented, and be pre- 
pared for a joyous and exalted immortality. 

Indiana Reformatory Institution for Women and 
Girls, at Indianapolis. This institution is under the su- 
pervision of a board of managers, consisting of three per- 
sons, appointed by the governor, by and with the advice 
and consent of the senate. Provision is made for the ap- 
pointment of a superintendent and other officers. It has 
two departments, one of which is designated as the re- 
formatory department, and the other as the penal depart- 
ment. 

Females convicted, of felonies are committed to the 
penal department of this institution. But girls under 
fifteen years of age may be committed to the reform- 
atory department, under the same or similar circum- 
stances and for the same causes specified with reference 
to the commitment of persons to the House of Refuge 
for Juvenile Offenders. The period of time for which 
girls are committed to either department is until they 
arrive at the age of eighteen years, unless sooner dis- 
charged by the board of managers, or otherwise. 

All the girls attend school half the day ; the other 
half is devoted to household duties in relation to knit- 
ting, sewing, etc., hoping to qualify them for usefulness. 



136 GOVERNMENT OF INDIANA. 

This institution deserves well at the hands of the 
State ; and it is hoped that the noble efforts of those who 
have charge of it may be fully appreciated by the public* 

The law makes provision for the establishment of 
jails in the several counties of the State. These jails are 
designed as places of punishment for persons convicted 
of minor oifenses, and of detention for those who are 
held to await trial on charges of felony. 

Prisons are established in cities and villages for the 
punishment of disorderly persons. 



Questions. — For what purpose are penal and reformatory institutions es- 
tablished ? How many State prisons are there in Indiana, and where are 
they located? What class of offenders are confined in the State prisons? 
What class of offenses are called felonies? What is said of the manage- 
ment and control of the State prisons ? Of the' number of convicts, Decem- 
ber 15, 1874? Where is the House of Refuge for Juvenile Offenders located ? 
What is said of the farm ? Of the control and management of the institu- 
tion ? What class of persons are committed to the House of Refuge, and 
under what circumstances ? For what period of time are they committed ? 
What authority has the superintendent with reference to discharges ? What 
is said of the instruction, etc., of the inmates? Where is the Indiana Re- 
formatory Institution for Women and Girls located ? What is said of its 
officers ? How many departments has the institution ? What class of per- 
sons are committed to each ? For how long a period of time are girls com- 
mitted to the Reformatory ? What is said of jails, and of prisons in cities 
and towns ? 



CRIMES AND MISDEMEANORS. 



CHAPTER XL. 



PUBLIC WHONGS — NECESSITY FOR PUNISHMENT — OFFENSES, 
HOW CLASSIFIED. 

The happiness of human beings depends largely upon 
the observance of certain rules and regulations in their 
relations with each other ; and since some are unwilling 
to recognize and abide by these rules, it has been found 
necessary to exercise pow r er to enforce obedience to and 
acquiescence in them. 

The remedy for wrongs or injuries that affect per- 
sons in their private capacity is by an action for the re- 
covery of individual damages. But where the act is of 
such a nature as to endanger the public peace or morals, 
it is punished as a crime, and may also be redressed as a 
civil injury. 

A crime is defined as u any act, done by a person in 

violation of public duty that the law has directed to be 

done, or prohibited, and punishes its infraction." 
10 



138 GOVERNMENT OF INDIANA. 

In a limited sense the word crime is confined to fel- 
ony ; that is, as we have seen in the preceding chapter, 
to those offenses that are punishable by death or im- 
prisonment in the penitentiary. 

Misdemeanors include all offenses inferior in grade 
to felonies. 

The term offense is frequently used, and is nearly 
synonymous with misdemeanor, but is usually applied to 
crimes not indictable, but punishable summarily, or by 
the forfeiture of a penalty. 

To enable the government to enforce the law against 
the commission of crimes, it is necessary to inflict punish- 
ment on offenders. 

These punishments are designed to deter persons 
from violating the law; sometimes to furnish redress to 
the injured party, and always to hold out an example and 
induce reformation. 

Persons accused of crime have the right to counsel 
and witnesses in open court. 

An acquittal on a trial of the facts is a bar to further 
prosecutions for the same offense. 

It is not the design to furnish, in the abstract follow- 
ing this chapter, information concerning the proceedings 
in criminal cases, but it is intended to exhibit, in as little 
space as possible, the rules indicating what acts and 
omissions are deemed by the law-making power of the 
State to be of such a nature as to endanger the public 
peace and morals, and to show what punishments are to 
be inflicted for the violation of these rules. 

In preparing an abstract of the criminal laws of In- 



GOVERNMENT OF INDIANA. 139 

diana, we have sought perspicuity and at the same time 
brevity. In abbreviating, u s p" is made to stand for 
u State prison M ; u y" is made to stand for u year" ; " mo " 
for " month"; "d" for "day"; u j " for " jail"; "f"for 
"fine"; "ex" for " exceeding." These abbreviations 
will indicate the penalties for the offenses enumerated 
in the abstract. 

Though the places of imprisonment indicated in the 
statutes for the various offenses are either jail or the 
State prison, it is provided by law that persons under 
eighteen years of age, of incorrigible or vicious conduct, 
or convicted of crime, may be sent to the House of 
Eefuge at Plainfield. 

Females are sent to the Indiana Reformatory. [See 
chapter XXXIX.] 

From the following it will be seen that the courts 
are vested with a large discretion as to the measure of 
punishment. This is necessary to enable them to do 
justice in view of the surroundings of each particular 
case. 



Questions— What is said of the happiness of human beings ? Of the rem- 
edy for private wrongs ? What wrongs are of a public character ? What 
is a crime? A misdemeanor? Offense? What is the design of punish- 
ment ? What rights have persons accused of crime? What is said of an 
acquittal ? Of the different places of punishment? 



140 GOVERNMENT OF INDIANA. 



CHAPTER XLI. 



ABSTRACT OF CRIMINAL LAWS. 

Abduction. Enticing or taking a female of previous chaste 
character to any place for the purpose of prostitution, or abet- 
ting the same, s p 2 to 5 y, or j not ex 1 y and f not ex $500. [See 
Kidnapping.] 

Aider or Abettor. Punishment, in some cases, same as that 
of principal. [See the different offense.] 

Abortion, Attempting to procure, unless necessary to pre- 
serve the life of the mother ; selling medicine for that purpose r 
j not ex 12 mo, f not ex $500. 

Accessory. Harboring, concealing, or assisting any person 
guilty of felony, with intent that he shall escape from detection, 
unless sustaining near relationship to offender, s p 1 to 5 y. 

Adultery. Living in open or notorious adultery or fornica- 
tion, f not ex $300, and imp not ex 3 mo. 

Adulterating. [See liquors.] 

Affray. Fighting, by agreement, in a public place, f not ex 
$20 each, or imp not ex 5 days. 

African. [See marriage.] 
Aiding Escape. [See escape.] 

Animals. Leading or driving animals drawing vehicle, upon 
tow-path or bermebank of canal, or obstructing navigation of 
canal, f not ex $50. Cruelty to animals, f not ex $100. 

Arson. Willful and malicious setting fire to building or other 
property mentioned in the statute, (Davis' Supplement, p 255,) f 
not ex double the value of property destroyed, and imp in s p 1 
to 10 y ; and should the life of any person be lost thereby, offend- 
er deemed guilty of murder in the first degree. 



GOVERNMENT OF INDIANA. . 141 

Assault, or assault and battery with intent to commit a 
felony, s p 2 to 14 y and f not ex $1,000. 

Assault and battery, simple, unlawfully touching another in 
a rude, insolent manner, f not ex $1,000, and may be imp not ex 
6 mo. 

Attempt. [See Assault and Battery.] 

Barratry. [See Common Barrator.] 

Bawdy Houses. [See Nuisance.] 

Betting. Playing or betting at or upon any game or wager or 
upon the result of any election, and losing or winning any arti- 
cle of value, f not less than the value of the article lost or won, 
nor ex twice the value thereof. Betting or wagering on the re- 
sult of election, forfeit for the benefit of common schools any 
sum, not less than the amount of the sum so bet or wagered, nor 
more than twice the said amount. Playing or betting upon any 
game or wager with any minor, knowing such person to be a 
minor, f not less than $20, j 10 days to 1 y. 

Bigamy. If a married person, having a husband or wife liv- 
ing, marry any other person, and no legal presumption of the 
death being received, s p 2 to 5 y, or f not ex $1,000, and j 3 to 
5 mo. 

Bill of Lading, Knowingly signing or delivering false bill, 
f not ex $500. 

Billiards. Persons owning or having the care of a billiard 
table, bagatelle table, or pigeon hole table, not to permit 
minors to play thereon, f $5 to $50. Not to permit minors to 
congregate in or about places where such tables are kept, f $25 
to $500. Law not to apply to cases where such tables are kept or 
used in private families. 

Books, obscene. Every person who shall, by himself or agent, 
print, exhibit, or circulate any obscene book, pamphlet or pic- 
ture, f not ex $500. If the exhibition be made to a female, imp 
not ex 3 mo may be added ; and all persons engaged in advertis- 
ing, circulating or exhibiting, or preparing such prints, or pic- 
tures, punishable same as principals. 



142 GOVERNMENT OF INDIANA. 

Brands. Altering the marks of domestic animals, with in- 
tent to steal the same, if the value of the animal be $5 or up- 
wards, penalty same as larceny ; if value less than $5, penalty 
same as petit larceny. Changing or erasing inspectors brand or 
mark, f not ex $100. [See Forgery.] 

Breach of Trust. [See Embezzlement.] 

Bribery. Attempt to influence a jury by promises, entreat- 
ies, money, entertainments, or the like, or who, being on a jury, 
shall take gain for giving a verdict, f not ex $500, and imp not 
ex 6 mo, and rendered ever after incapable of serving as a juror. 
Officers receiving undue reward to influence official conduct, or 
offering such reward, f twice the amount offered or received, 
and s p 2 to 10 y. [See Officers.] 

Bridge. When a bridge has been, or may be hereafter, made 
across a navigable stream, a draw shall be constructed therein, 
so as to admit boats to pass through the same without any unne- 
cessary obstruction. Failure so to do subjects offenders to a f 
not ex $500. A bridge may be abated as a nuisance. Draw- 
bridge companies required to keep lights at night at each end of 
the draw or part. Neglect so to do f $5 to $10. [See Obstruct- 
ing.] 

Burglary. Breaking and entering in the night time, man- 
sion-house, store-house, manufactory, office, shop, out-house or 
boat, with intent to commit a felony, s p 2 to 14 y and f not ex 
$1,000. 

Burning. [See Arson.] 

Camp-meeting. [See Disturbance.] 

Canada Thistle. The owners or occupants of land permitting 
Canada thistles to grow and mature thereon, without attempting 
their extirpation, and supervisors who shall knowingly allow 
Canada thistles to grow and mature along the public highway, 
on which he has supervision, f $1 to $5, for first offense, and sub- 
sequent offenses, f $5 to $25. Knowingly disposing of clover- 
seed, grass-seed, wheat or other grain containing Canada thistle, f 
$25 to $200. 

Canal. [See Obstructing — Animals.] 



GOVERNMENT OF INDIANA. 143 

Carnal Connection. [See Insane — Woman— Incest — Seduc- 
tion—Adultery. ] 

Carrion. Throwing or depositing dead animal or carrion in 
running water or lake, or burying or depositing the same on the 
banks of a running stream or lake, so as to vitiate the water, f $5 
to $20. 

Cemetery. Disfiguring or injuring cemetery or appurtenance, 
or using cemetery for any other purpose than burying ground, 
f not ex $500, or imp not ex 6 mo. 

Cheating. [See False Pretenses.] 

Coin. [See Forgery.] 

Commissioner of county failing to perform any duty in the 
manner and within the time prescribed by law, f not ex $1,000, 
and may be imp not ex 6 mo. 

Common Barrator. Every person who shall frequently ex- 
cite quarrels or law suits among the citizens, f not ex §500, and 
imp not ex 6 mo. 

Concealed Weapons. [See Weapons.] 

Counterfeiting. Having counterfeiting apparatus in possession 
s p 2 to 5 y, and f not ex $1,000. [See Forgery.] 

Cranberries, Gathering of, from public, State or non-resident 
lands, between May 1st and September 15th, prohibited, f not 
ex $25. 

Culvert. [See Obstructing.] 

Dead Bodies, Removal of, from place of interment, without 
lawful authority, f not ex $1,000. 

Desecration. [See Cemetery— Sabbath.] 

Duelling. Encouraging, accepting or bearing a challenge, or 
acting as second, etc., f not less than $100, j not ex 1 y, and ren- 
dered ineligible to any office of profit or trust. [See Murder.] 

Disturbing religious or other lawful meetings, or selling or 
giving away spirituous liquors within two miles of any collec- 
tion of citizens convened for the purpose of worship, f $5 to $50, 
and imp not ex 30 d. [See Liquor — Huckster Stands — Gaming.] 



144 GOVERNMENT OF INDIANA. 

Election, Furnishing voter who cannot read the English 
language with ticket, representing the same as containing a 
name different from the one printed or written thereon, f $10 to 
$100. Fraudulently causing or attempting to cause any elector to 
vote for a person different from the one he intended to vote 
for, f $10 to $100. Election officer attempting to induce by 
persuasion, menace, or reward, or promise thereof, an elector 
to vote for any person, f not ex $100. Voting, or offering to vote, 
without having the legal qualifications of a voter, f $5 to $100. 
Officer of election opening, marking, or otherwise attempting to 
find out the names on a ticket offered by an elector, or to suffer 
the same to be done before such ticket is deposited in the box, f 
not ex $100. Any person using threats or any corrupt means to- 
ward an elector to hinder or deter him from voting, or who shall 
directly or indirectly offer any bribes to induce the elector to 
vote contrary to his inclinations, or shall give any public treat, 
or authorize any person so to do to obtain votes, f not ex $500, 
and rendered incapable of holding office for 2 y. Officers of 
election violating any provision of the law approved May 31st, 
1869, or guilty of any fraud in the execution of the duties of his 
office, punishment s p not less that 17 y. [See chap, on elections; 
see also Davis' Supplement of the Statutes of Ind., p. 135.] Per- 
sons passing from any State into this State, or from one county, 
township or voting precinct, into another, of which he is not a 
bona fide resident, for the purpose of voting, or aiding, counsel- 
ling, etc., any person to vote at an election in State, county, 
township, or precinct, where he is not entitled to vote, or voting 
more than once at the same election, or hiring, buying, etc., any 
person to vote for candidates for office, f not ex $1,000, s p 1 to 5 
y, and disfranchised for any determinate period. Trustee, in- 
spector, judge, or clerk of elections, who shall destroy or sub- 
stitute ballots, or take the same from ballot-box for that purpose, 
etc., or persons who shall alter election returns, etc., with intent 
to defraud, the same penalty. Clerk and all other persons who, 
with intent to cheat and defraud, shall alter, etc., vote returned 
by board of canvassers, same penalty. 

Embezzlement. County, township, city, or village officers or 



GOVERNMENT OF INDIANA. 145 

agent, fraudulently failing or refusing to pay over moneys re- 
ceived by virtue of such office or agency, s p 1 to 5 y, and f not ex 
$1,000, rendered incapable of holding any office of trust or profit. 
Misappropriation of funds Or other property of the State, or 
under control of the State or State officer, by persons entrusted 
with such funds or property, s p 1 to 21 y, and f double the 
value of the goods or property so unlawfully used, converted, in- 
vested, or exchanged. State officers willfully making false state- 
ment, in official report, in regard to money on hand in State 
treasury, s p 1 to 14 y. Embezzlement by officer or agent of the 
funds of levee, dyke, or drain companies, f double amount em- 
bezzled or misappropriated, and disfranchised, and s p 1 to 10 y. 
Embezzling funds or other property of the State bank or branch, 
the same penalty. [For other offenses by bank officers see gen- 
eral banking law, 1st Gavin & Hord, pp, 132-135. See Officers.] 

Embankment. [See Obstruction.] 

Escape. Officer negligently suffering prisoner to escape, f 
not ex $10,000. Aiding prisoner to escape, or an attempt to do 
so, j not ex 12 mo, f not ex S500, or both. An officer voluntarily 
letting a prisoner escape when punishment is death, s p 2 to 21 y. 
When punishment of the prisoner is confinement in s p, volun- 
tarily allowing the prisoner to escape subjects officer to same 
punishment as prisoner. Other persons procuring or aiding such 
escape, imprisonment in s p 2 to 21 y. And prisoner confined in 
s p escaping, s p not ex double length of the time of original 
sentence, commencing from expiration of original sentence. 

Estrays. Violation of the law concerning, imp not ex 6 mo. 
[See statutes 2d Gavin & Hord, p. 471.] 

Extortion. Unlawful for persons to demand or try to extort 
money or pecuniary advantage, or to do any act against another's 
will, with such intent, by accusing or threatening to accuse such 
person of crime or immoral conduct, f not ex $1,000. [See Offi- 
cers—Fees.] 

False Charges. [See Malicious Prosecution.] 

False Pretenses. Obtaining goods or signature of a person 



146 GOVERNMENT OF INDIANA. 

to written instrument by, s p 2 to 15 y, and f not ex double the 
value of the property so obtained. 

Falsely Personating another, and receiving property there- 
by, with intent to convert the same, penalty same as for larceny. 

Fees, Officer taxing unlawful fees, or making charges for 
services not performed, or failing or refusing to enter tax, or 
charge at the proper time the proper fees for such service, f not 
less than $5, to which way be added j not ex 1 y, and forfeiture 
of office, and rendered incapable of holding any office of trust 
and profit. 

Felony. (An offence punishable by death or confinement in 
the s p,) compounding, to get to commit felony, f not ex $1,000, 
rendered incapable of holding any office of trust or profit. 

Ferry. [See Toll.] Keeping ferry without license within two 
miles of public ferry, f not ex $50. 

Fires. Wilfully setting, or causing to be set, fire, on the lands 
of others, or intentionally permitting fires to pass from one's 
own ground to the injury of another, f not ex $50. [See Arson.] 

Fish. Stretching net across any creek, emptying into the 
Ohio river, one mile from the mouth thereof, to prevent the in- 
gress or egress of fish from and to such river, f $5 to $20 for each 
day such obstruction is continued. Throwing any cocculus in- 
dicus or fish berries in any water for the purpose of poisoning 
fish, f $5 to $20. No person shall take any fish with a net or 
seine, gun or trap, or set net, weir or pot in any of the lakes, 
ponds, rivers, or small streams in this State, except as hereinafter 
provided. No person shall fish with a gig or spear during the 
months of March, April, May, Nov., and Dec, f for each fish 
taken $5 to $25. Penalty not to be enforced for catching small 
minnows for bait, with seine not over 15 feet in length or legiti- 
mate fishing with hook, line, and pole, or taking fish out of the 
Ohio river. No person shall place in any stream, lake, or pond 
any lime or other deleterious substance with intent to injure fish, 
nor any drug or medicated bait with intent thereby to poison or 
catch fish, penalty $20 to $50. 



GOVERNMENT OF INDIANA. 147 

Forcible Entry or Detainer, Violently taking or keeping pos - 
session of lands without authority, f not ex $1,000. 

Forgery, S p 2 to 14 y, and f not ex $1,000. [See 2 Gavin & 
Hord's Statutes of c Indiana, 446.] Forging private stamps, wrap- 
pers, or labels, j not ex 6 mo or f not ex $100. Having in pos- 
session false stamps, dies, engravings, etc, of the likeness or 
imitation of private stamp of any mechanic or manufacturer, 
with intent to use the same fraudulently, j not ex 6 mo or f not 
ex $100. Penalty for vending articles with false stamps or labels 
attached thereto, j not ex 6 mo, f not ex $100. 

Fornication, [See Adultery.] 

Fraud. Packing, branding, or selling merchandise as full 
barrels or packages, or weight or measure, when same do not con- 
tain such weight or measure, f $10 to $50. 

Fraudulent conveyance of property to defraud creditor or 
purchaser, j not ex 12 mo, f not ex $200. 

Fruit. [See Trespass.] 

Gambling. Keeping gambling apparatus for purpose of 
gambling, or being a professional gambler, s p 1 to 5 y, and dis- 
franchised for any determinate period, or j 3 so 6 mo, and dis- 
franchisement as aforesaid. 

Game. Deer shall not be killed between the 1st day of Janu- 
ary and the 1st day of October, f $10. Quails or pheasants not to 
be shot or trapped between the 1st of February and the 1st of 
October, and unlawful to net or trap quails at any time, penalty 
$2 for each quail or pheasant shot, trapped, or netted. It is also 
unlawful to kill, injure, or pursue, with intent so to do, any turtle 
dove, meadow-lark, robin, mocking-bird, blue-bird, wren, spar- 
row, red-bird, peewee, martin, thrush, swallow, yellow hammer, 
cat-bird or oriole, or destroying or disturbing the eggs of birds, 
protected by this act, at any time, f $1 to ,$10. Prairie chickens 
not to be shot between the 1st day of February and the loth day 
of August, and unlawful to net them at any time, penalty $2 for 
each prairie hen or chicken shot, or trapped, or netted. It is not 
lawful to transport or to receive game killed in violation of this 



148 GOVERNMENT OF INDIANA. 

penalty, f $10 for each deer, buck, doe, or fawn, and $2 for each 
quail, pheasant, or prairie chicken. Unlawful to kill wild 
turkey from March 1st to September 1st, f $3 for each turkey de- 
stroyed, one-half to be paid to the informer, and half for com- 
mon school fund. Possession of wild game that has been killed 
is deemed prima facie evidence of the shooting or destroying the 
same, and such possession is an offense, punishable same as for 
the killing. 

Gaming. Keeper or exhibitor of gaming table, roulette, 
shuffle board, faro bank, nine-pin or ten -pin alley, billiard table, 
for the purpose of wagering any article of value thereon, f not 
ex $1,000, and may be imp not ex 6 mo. Prohibited within one 
mile of religious meeting, agricultural fair, etc. f $5 to $25. 
Keeping or renting a place for gaming or betting, f $50 to $500, 

Gates. Unlawful interference with water-gate or locks, f not 
ex $500 or imp not ex 3 mo. 

Habeas Corpus. Obstructing, or aiding obstruction, in the 
execution of writ, or willfully avoiding the service of the same, 
f not ex $1,000, and may be imp in j not ex 90 days. 

Highway. [See Obstructing.] 

Homicide. [See Murder — Manslaughter.] 

Horse. Permitting horse with glanders to run at large, f not 

ex $5. 

Horse- Racing along the public highways, f $5 to $10. 

House Breaking. [See Burglary.] 

Huckster Stand for the sale of drinks of any kind, or selling 
of any article, keeping a gaming apparatus, etc., prohibited with- 
in one mile of religious meeting, agricultural fairs, etc., under 
penalty of $5 to §25. 

Hunting on grounds of another, without permit, f §5 to $50. 

Incest. Sexual intercourse : step-father with step-daughter, 
step-mother with step-son, parent with child, or brother with 
sister, being of the age of 16 or upwards, s p 2 to 10 y, or j 6 to 
12 mo. 



GOVERNMENT OF INDIANA. 149 

Indecency. Notorious lewdness or other public indecency, f 
not ex $100, and imp not ex 3 mo. 

Insane Woman, Male over 15 years having carnal knowledge 
of female woman other than his wife, such female being insane, 
he knowing her to be such, s p 2 to 10 y. 

Jury. [See Bribery.] 

Kidnapping. Forcibly, and unlawfully stealing, taking, or 
arresting any person, conveying them without the State, or at- 
tempting so to do, or aiding or abetting the same, f 1100 to §5,000 
and s p 2 to 14 y. 

Killing. [See Murder. 1 
Labels. [See Forgery.] 

Land-marks, unlawful removal or destruction of, f not ex 
$200, or j not ex 6 mo. 

Lands, the entry upon, unlawfully, after removal from lands 
mortgaged to the State, f not ex §100, imp not ex 30 days. 

Larceny. To feloniously steal, take or carry, lead or drive 
away the personal goods of another, of the value of $5 or up- 
wards, is deemed grand larceny, f not ex double the value of the 
goods stolen, s p 2 to 14 y, and disfranchised and rendered inca- 
pable of holding any office of trust or profit for any determinate 
period. If the value of the property stolen is less than $5, the 
offense is deemed petit larceny, f not ex $500, s p 1 to 3 y and dis- 
franchisement, etc., or f and disfranchisement and imprison- 
ment in j not ex 1 y. 

[Bonds, promissory notes, deeds or other written instru- 
ments are subjects of larceny.] 

Second conviction of petit larceny, penalty same as grand 
larceny. [See Brands.] 

Lewdness. [See Adultery — Indecency.] 

License. Violating license laws, other than liquor laws, f not 
ex S200. 

Liquors, spirituous, vinous and malt ; not to be sold, bartered 
or given away, for purposes of gain, in less quantity than a 



150 GOVERNMENT OF INDIANA. 

quart at a time, without license from the board of county com- 
missioners ; nor to be sold or bartered in any quantity to be 
drank in house, out-house, yard, garden, or appurtenances there- 
to, belonging to the seller, without a license. 

Male persons over twenty-one years of age, desiring to ob- 
tain license to sell liquors, must give public notice thereof by 
publishing in a weekly paper in the county a notice , stating the 
location of the premises in which he desires to sell and kind of 
liquors he proposes to sell, twenty days before the meeting of 
the board at which he intends to apply for license. If no paper 
is published in the county, then notice to be posted in three of 
the most public places of the township in which he desires to sell, 
at least twenty days before the meeting of the board. 

Any voter of the township may remonstrate in writing 
against the granting of license to any applicant, on account of 
immorality or other unfitness as specified in the act. 

The board of county commissioners are required to grant a 
license to the applicant upon his giving a bond to be approved 
by the county auditor in the sum of two thousand dollars, con- 
ditioned to keep an orderly and peaceable house, to pay all fines 
and costs that may be assessed against him for any violations of 
the liquor law, and to pay all judgments for damages growing 
out of unlawful sales ; Provided, the applicant be a fit person to 
be entrusted with the sale of intoxicating liquor, and if he be 
not in the habit of becoming intoxicated. 

The person remonstrating against the granting of any 
license may take an appeal from the order of the board granting 
such license, to the court ; but such appeal does not operate to 
stop the person receiving the license from selling liquor, until the 
close of the next term of court at which the appeal is pending, 
at which the cause may be lawfully tried ; and the seller is not 
liable as a seller for sales made pending the appeal ; but he is 
liable for the violation of any provisions of the act during such 
time, the same as if regularly licensed. 

In case the applicant desires to sell spirituous, vinous and 
malt liquors in quantities of less than a quart at a time, he must 



GOVERNMENT OF INDIANA. 151 

pay the treasurer of the county one hundred dollars as a license 
fee for one year, before license is issued to him ; and if he desires 
to sell only vinous or malt liquors, or both, in quantities of less 
than a quart at a time, he shall pay to the treasurer fifty dollars 
as a license fee for one year, before license shall issue to him ; 
such fee to be paid into the school fund of the county in which 
such licenses are obtained. 

Cities and incorporated towns may charge liquor-sellers one 
hundred dollars in addition to the sum provided for for license. 
Upon the execution of the bond required by law, and the pre- 
sentation of the order of the board granting the license, and the 
county treasurer's receipt, the county auditor issues a license for 
the sale of such liquors as the applicant has applied for. 

Such license does not authorize the person licensed to sell or 
barter liquors on Sunday, nor upon legal holidays, nor upon 
election day, nor between the hours of 11 p. m., and 5 a. m., and 
if he so sells, f not less than $10, nor more than $50 ; for second 
conviction he forfeits his license. 

Selling or giving away liquors to a person in the habit of be- 
ing intoxicated, after notice given to him in writing by the 
wife, child, parent, brother or sister of such person, or by trus- 
tee of the township where he resides, that he is in the habit of 
being intoxicated, f $10 to $50 ; being found intoxicated in a pub- 
lic place, f $2 to $5. 

Persons selling liquor contrary to law without license, f $20 
to $100, to which may be added imp in j 30 days to 6 mo. 

If any person sell, barter, or give away spirituous, vinous, or 
malt liquors to persons under the age of twenty-one years, f$10 
to $50. 

If a person under twenty-one years of age misrepresent hi s 
age and state himself to be over twenty-one, in order to purchase 
spirituous, vinous, or malt liquors, f $10 to $50. 

To sell, or offer to sell, spirituous, vinous or malt liquors 
adulterated by admixture of any deleterious substance, f $50 to 
$100, to which may be added imp in j 30 days to 6 mo. 



152 GOVERNMENT OF INDIANA. 

Places where liquors are sold, if kept in a disorderly manner, 
deemed common nuisances ; keeper or keepers on conviction 
forfeit license, and may be f $10 to $100. 

Criminal circuit courts, within their respective jurisdiction, 
have power to hear and determine complaints arising under this 
law. Grand juries are required to take cognizance of offenses 
against the act as in case of felonies. 

Justices of the peace have jurisdiction to try and determine 
cases arising under the act, except in relation to adulterating or 
selling adulterated liquors ; provided that in the opinion of any 
justice or jury trying such case, a fine of $25 shall be inadequate 
punishment, the justice shall require the party to enter into 
bonds to appear at the next term of criminal circuit court or cir- 
cuit court of the proper county, to answer the charge. 

Persons who dispose of liquors in violation of the law are 
personally liable, and also liable on their bond, to any person 
sustaining injury or damage to their persons or property, or 
means of support, on account of the use of such liquors. 

Lock. [See Gates.] 

Lottery or Gift- Enterprise, Selling tickets or shares in, or 
acting as agent for, or aiding or abetting persons to engage 
therein, or transmitting money to a lottery scheme, or any enter- 
prise for the division of property unauthorized by law, f not ex 
$500. 

Malicious Prosecution, Maliciously instituting or attempt- 
ing to institute, without probable cause, a criminal prosecution 
against any innocent person, f not ex $1,000, and may be imp 
not ex 6 mo. 

Malicious Trespass, by injuring, or causing to be injured, 
the property of another, f not ex two-fold the value of the dam- 
ages done ; to which may be added imp not ex 12 mo. Trespass 
on land, cutting trees, removing timber, stone, etc., unlawfully, 
f five times the value of the damages done, and may be imp in j 
not ex 12 mo. [See Trespass.] 

Manslaughter, Unlawfully killing another, without malice, 



GOVERNMENT OF INDIANA. 153 

# 
while the slayer is in the commission of some unlawful act, s p 
2 to 21 y. 

Marriage, between negro and white (the word negro mean- 
ing those having one-eighth part or more negro blood), know- 
ingly, s p 1 to 10 y, and f $100 to $500. Solemnization of, by un- 
authorized person, f $50 to $500, and may be imp in j not ex 3 
mo. 

Marriage Certificates. Failing to return marriage certificate 
and license as required by law, f $5 to $100. [See Bigamy.] 

Mayhem. Maliciously and unlawfully disabling the tongue, 
putting out the eye, cutting or biting off the nose, ear, or lip, or 
other member of any person, with intent to disfigure or disable 
such person, s p 2 to 14 y and f not to ex $1,000. 

Mayhem, simple, not accompanied by the malice required to 
constitute felony, f not ex $2,000, nor less than $500, [$5] or j 20 
days to 6 mo. 

Misdemeanors embrace all offenses to which no greater pun- 
ishment is affixed than fine or imprisonment in the county jail, 
or both. 

Monument. Removing monument or boundary of land, or 
defacing, or altering marks upon the same, or otherwise injuring 
the same, or removing the same with intent to destroy such 
mark, j not ex 6 mo, f not ex $200. 

Murder, in first degree — the killing of another purposely, and 
of deliberate and premeditated malice, or in the perpetration or 
attempt to perpetrate any rape, arsou, robbery or burglary, or 
by administering poison, or by causing the same to be done, 
or killing a party to a duel. Penalty, death, or imprisonment 
for life. 

Murder, second degree— killing of another purposely and 
maliciously, but without premeditation, s p during life. 

Negro. Counselling or assisting marriage between negro and 
white person, f $100 to $1,000. [See Marriage.] 

Navigable Streams. [See Obstructing.] 

Obscene Books. [See Books.] 
11 



154 GOVERNMENT OF INDIANA. 

Obstructing execution of legal process, or freeing persons ar- 
rested, f not ex $10,000 or imp not ex 6 mo. Obstructing, or aid- 
ing to obstruct public highway, railroad, tow-path of canal, turn- 
pike, plank, or coal road, or injuring toll or other bridge, toll- 
gate, culvert, embankment, or lock, or making a breach in any 
canal, or injuring any material used in the construction of such 
roads or canals, f not ex $500 or imp net ex 3 mo. Obstructing 
navigable stream or streams, the bed or channel whereof may 
not have been surveyed and sold as land by the United States, f 
$300 to $500 for each week such obstruction may have been main- 
tained or continued. 

Office, usurpation of. Officiating without being legally author- 
ized, f not ex $500. County auditor or clerk keeping office and 
books and papers belonging thereto, in any building other than 
that provided by board of commissioners, without their consent, 
f not ex $100. County officer purchasing demand against county 
at a discount, f not ex $500. 

Officer. State, county, township, city, or town Officers 
taking money or other reward to influence official action, or of- 
fering money or undue reward to such persons to influence of- 
ficial conduct, f not ex $10,000, and s p not ex 10 y, and render- 
ed ineligible to hold any office of trust or profit, and disfranchised 
for any determinate period. County treasurer neglecting or 
refusing to make reports required by law, or to pay over 
moneys required by law, f not less than $200. Auditor of county 
failing to show warrant for interest on certain loans, f not less 
than $200. Failure of county officers to keep accurate accounts, 
or to make reports to county commissioners as required by law, 
or who shall make false and fraudulent reports, or fail to pay into 
the county treasury moneys according to law, fnot ex $1,000, 
and s p 1 to 5 y. Refusing to assist officer when required, with- 
out just cause, f not ex $100. 

State officer, county commissioner, township or town treas- 
urer, mayor, common council, etc., who shall be interested in 
any contract or public work of any kind, or shall receive any 
premium, percentage, drawback, etc., for the same, or for the 



GOVERNMENT OE INDIANA. 155 

making of an appointment, f 8300 to $500, and may be imp in s p 
2 to 10 y. [See Laws of 1872, p. 26.] Any person who shall pay 
or agree to pay any money or article of value to any such officer 
for the purpose of procuring any such contract, etc., or. agree to 
pay any money or profits, etc., f $300 to $500, and may be imp 
in s p 2 to 10 y. Attempting to perform the duties of an office 
without having first taken the official oath, or before having exe- 
cuted and filed the bond required by law, f not ex $1,000. Officer 
claiming what is not his due, or failing in the performance of 
duty within the time prescribed by law, f not ex $1,000, and may 
be imp not ex 6 mo. 

Paupers. Knowingly bringing within this State a pauper, 
with the intention of making him or her a charge upon any of 
the counties, f $500. 

Peace. Persons threatening to do violence against the person 
or property of another, may, on complaint, be arrested and ex- 
amined before a magistrate, and may be required to enter into a 
recognizance to appear before the circuit court, at its next term, 
and in the meantime to keep the peace. 

Perjury, or procuring another to commit perjury, s p 2 to 21 
y, and f not ex $1,000, or j not less than 1 mo. 

Poison, administering, or procuring to be administered, 
with intent to kill a human being, if death do not ensue, s p not 
less than 3 y. Mingling poison with food, driuk or medicine, or 
poisoning spring, well or reservoir of water, with intent to in- 
jure any human being, s p 2 to 14 y. 

Prison. Females and minors convicted of States' prison 
offenses may be imprisoned in county jail instead of State 
prison. 

Provisions, knowingly selling unwholesome, f not ex $100. 

Railroads, Maliciously placing an obstruction upon the track, 
or wilfully committing any other act to throw engine or cars 
from such track, s p 1 to 7 y, and if accident result from such act, 
and death ensue therefrom, offender deemed guilty of murder in 
the second degree. Shooting or throwing at or against locomo- 



156 GOVERNMENT OF INDIANA. 

tive, car, or train of ears, containing persons, f §10 to §100, and 
j 10 d to 3 mo. If injury occur to any person, the person offend- 
ing is deemed guilty of assault with intent to commit murder, s 
p 1 to 4 y, and if death ensue, offender deemed guilty of murder. 
[See Obstructions.] 

Rape, Carnal knowledge of a woman against her will, or a 
woman child under 12 years of age, s p 2 to 21 y. 

Recorder recording deed without endorsement of the au- 
ditor, f $5. 

Receiving, buying, concealing, or aiding in concealment of 
stolen property, knowing the same to have been stolen, same 
penalty as for larceny. 

Riot. If three or more persons do an act in a violent and 
tumultuous manner, f not ex §500 each, and may be imp in j not 
ex 3 mo. 

Road, [See Obstructions.] 

Robbery. Forcibly and feloniously taking from the person of 
another any article of value, by violence, or by putting in fear, sp 
1 to 14 y, and f not ex §1,000. 

Rout. If three or more persons meet together to do an un- 
lawful act, and make advances toward the commission thereof, f 
not ex §100 or j not ex 60 d. 

Sabbath, Observance of. — Rioting, hunting, fishing, quar- 
relling, engaged at common labor, by persons 14 years of age and 
upwards, on the Sabbath, (works of charity and necessity only 
excepted) f §1 to §10. Law not applicable to such as conscien- 
tiously observe the 7th day of the week as the Sabbath, travelers, 
families removing, keepers of toll-bridge and toll-gate and ferry- 
men acting as such. 

Seduction. Having illicit carnal intercourse with a female of 
good repute for chastity, under the age of 21 years, under promise 
of marriage, s p 1 to 3 y, and f not ex §500, or j not ex 6 mo. 

Supervisor of highway failing, without good cause, to keep 
roads in repair, f §5 to §100. 



GOVERNMENT OF INDIANA. 157 

Stirring up Law Suits. [See Common Barrator] 
Stamps, [See Forgery.] 

State Officers, Official misconduct of. [See Officers — 2d Gavin 
<& Hord, 456.] 

Tax Lists. Failure to comply with law in making out list of 
one's property for taxation, or affixing fraudulent value to prop- 
erty listed, f not ex 8500. [See chapter on Assessment and Col- 
lection of Taxes.] 

Telegraph operator, clerk, servant, or messenger, disclosing 
-contents of dispatch, except to a court of justice, or person au- 
thorized to know the same, f not ex $500. 

Telegraph Pole or Wire, Malicious injury to, or aiding or 
abetting such injury, s p not ex 2 y, or f not ex $500, and j 3 to 6 
mo. 

Toll or Ferriage, charging unlawful, or failure of person 
whose duty it is to attend and keep ferry and bridge in good 
order, f not ex §100, and imp not ex 1 mo. 

Toll- Gate. [See Obstructing.] 

Tow-Path. [See Obstructing.] 

Treason against the State consists in levying war against it, 
or giving aid or comfort to its enemies. Penalty, death. Accept- 
ing commission to join or command, in army, or band of men 
hostile to, or in rebellion against this State, or the United States, 
in any way, p 2 to 21 y and f not ex $10,000. 

Treasurer of State, Deputy or employe, receiving or paying 
out public money otherwise than as prescribed by law, f$50 to 
§500, andj not less than 1 y. Treasurer receiving or seeking to 
be allowed in his favor any warrant or voucher from any creditor 
of the State, without having paid to such creditor any such 
funds as such creditor may have received in disbursement, or 
such other goods as he may be authorized to take in exchange, 
the full amount specified in such warrant or voucher, f in a sum 
equal to the difference between the amount paid and the amount 
of the warrant or voucher, and j 1 to 12 mo. 



158 GOVERNMENT OF INDIANA. 

Trees, malicious injury to, on land of another, f o times 
value of damage, and may be imp not ex 12 mo in j. 

Trespass. Taking or carrying away any annual product at- 
tached to the realty, or growing in the soil, of the value of ten 
cents or upwards, f not ex §50, and imp not ex 6 mo. [See 
Animals.] 

Turnpike. [See Obstructing.] 

Weapons. Every person not being a traveler, who shall wear 
or carry any dirk, pistol, bowie-knife, dagger, sword in cane, or 
any dangerous or deadly weapon, concealed, or who shall carry 
or wear any such weapon, openly, with intent or avowed pur- 
pose of injuring his fellow-men, shall, upon conviction thereof, 
be f not ex $500. 

Witness. The crimes which the statutes recognize as affect- 
ing the credibility of a witness, are: Treason, murder, rape ? 
arson, burglary, robbery, man-stealing, forgery and perjury. 



REVENUES OF THE STATE. 



CHAPTER LXIL 



ASSESSMENT AND COLLECTION OF TAXES.* 

A tax is a contribution which individuals are requir- 
ed to make for the use or service of the State. 

As a basis for taxation, the value of all the real and 
personal property in the State, except such as the law ex- 
empts, is estimated, and a certain percentage of its value 
is required to be paid as a tax, by the owner or persons 
in the possession of such property. In the State of In- 
diana a poll tax is also assessed upon every male in- 
habitant of the State between twenty-one and fifty years 
of age. 

Nearly, if not all public property, such as property 
belonging to the United States or to this State ; prop- 
erty belonging to the political subdivisions of the State; 
churches, and the furniture thereof, and lands pertaining 
thereto, not exceeding ten acres; cemeteries; every 



* Most of the revenue of the State is derived by tax as indicated in this 
chapter. This, however, does not embrace certain tolls, and moneys re- 
alized from fines, forfeitures or licenses, nor from specific taxes. 



160 GOVERNMENT OF INDIANA. 

building erected for the use of literary, benevolent, 
charitable, or scientific institutions, — the tract of land 
upon which it is situate, not exceeding twenty acres ; 
also the personal property belonging to such institutions 
or corporations, for the purpose above indicated ; school 
lands ; the personal property and real estate of 
manual-labor schools or colleges, when used or 
occupied for the purpose of such schools, such real 
estate not to exceed three hundred and twenty 
acres ; and the property, to the amount of $500, of a 
widow or other unmarried female, and of any female 
minor, whose father is deceased, if her property, not 
otherwise exempted from taxation, does not exceed $1,000 
in value ; all these are exempted from taxation. Any 
part, however, of the property mentioned, that may be 
used or occupied for other purposes than those indicated, 
becomes subject to taxation while so used or occupied. 

Real property — that is, lands, houses, and other 
things permanently attached to the lands — not exempt 
from taxation, is listed and assessed to the owner or 
owners, by the assessor, every five years, with reference 
to the amount owned on the first day of April of the 
current year. 

The owner of property on the first day of April in 
any year is liable for the taxes of that year; provided 
that if the property be sold on that day, the purchaser, 
and not the seller, is liable for the tax. 

Personal property is listed between the first day of 
April and the first day of June, each year, when required 
by the assessor, and with reference to the quantity held 
or owned on the first day of April, in the year for which 



GOVERNMENT OF -INDIANA. 161 

the property is required to be listed. Personal property 
purchased or acquired on that day must be listed by or 
for the person purchasing or acquiring it. The regula- 
tions for listing and assessment are so numerous and com- 
plicated as to be beyond the scope of this book, but may 
be found at length in the "Act for the Assessment of 
Property, and for the Levy and Collection of Taxes, 
approved December 21, 1872, with the Amendments of 
1873 and 1875." 

If any person or corporation make a false list, sched- 
ule, or statement required by the law, or refuses to de- 
liver to the assessor a list of his taxable personal property, 
he may be fined $10 to $2,000, and is also liable to the 
penalties of perjury. 

In case of refusal or neglect to make the required 
statements as to the taxable personal property, the asses- 
sor takes steps to ascertain the number and value of his 
taxable articles, and may examine on oath any person 
supposed to have knowledge thereof. 

An assessor is elected every two years in each town- 
ship, who gives bonds to the amount of $2,000, for the 
faithful performance of his duties. He makes the lists 
of real and personal property owned in his township, 
and assesses the value thereof, for the purpose of taxation. 
He also prepares tabular statements of the manufactured 
and farm products of the township, the coal mined there- 
in, and such other products as may be directed by the 
State Auditor. These statements are sent to the County 
Auditor, who forwards them to the State Auditor. 

The board of county commissioners, with the auditor 
and assessor, constitute a county board of equalization. 



162 GOVERNMENT OF INDIANA. 

They meet annually, on the first Monday of June, to 
settle complaints of any tax-payer who thinks himself 
aggrieved by the listing or assessment, to correct lists or 
valuations as they think proper, and equalize valuations 
made by the assessors, by adding to or deducting from 
them such sums as appear just and equitable. This board 
is established in order that the burdens of taxation may 
be equally distributed. 

The State board of equalization consists of the gov- 
ernor, lieutenant-governor, secretary, auditor, and trea- 
surer of the State. They meet once in two years, on the 
third Monday in June, to equalize the assessments on 
real property, and make such original assessments as are 
provided for. 

Each county auditor, between the first Monday of 
June and the fifteenth day of December of each year, 
must make out a duplicate list of taxes assessed in his 
county, which he delivers to the county treasurer, who 
proceeds at once to collect the same. The full amount 
of taxes charged against any person may be paid on or 
before the third Monday in the next April, or one half 
may be so paid, and the remaining half on or before the 
first Monday of the next November. If the former half 
is not paid by the time specified, the whole amount be- 
comes due and must be considered delinquent and col- 
lectable as provided by law. 

When taxes are over due, the county treasurer levies 
them upon the persons who have neglected or refused to 
pay the same, together with ten per cent for damages, 
and also the costs of sale of any goods and chattels that 
may be seized and sold to satisfy the tax. 



GOVERNMENT OF INDIANA. 163 

He must give at least ten days' public notice of such 
sale, which must be by public auction, and of no more 
property than is sufficient to pay the tax, cost, and 
charges. 

The treasurer must give a receipt for all taxes paid, 
specifying the amount paid, for what paid, and the prop- 
erty on which the tax was assessed. 

Delinquent taxes, with penalty, interest, and costs r 
may be paid at any time before property is sold therefor. 
Any real estate sold for taxes may be redeemed by the 
owners within two years after the sale. If not so re- 
deemed, a conveyance of the property is made to the 
purchaser, in the name of the State. 



Questions.— What is a tax ? What is the basis of taxation ? What prop- 
erty is exempt from taxation ? How is taxable property listed ? What is 
said of false tax returns? Of refusal or neglect to make returns? Of 
the assessors ? The county board of equalization? The State board? The 
collection of taxes ? What must the tax receipt specify ? What is said of 
•delinquent taxes ? Of real estate sold for taxes ? 



REAL ESTATE AND PERSONAL 
PROPERTY. 



CHAPTER XLIII. 



HEAL ESTATE — DEEDS — POWERS OF ATTORNEY— MO RTG AGES 
— OF PERSONAL PROPERTY — TITLE BY DESCENT. 

Real property is that which consists of land, and of 
all rights and profits arising from and annexed to land, of 
a permanent, immovable nature. 

A deed is a written instrument, under seal, contain- 
ing an agreement, and which has been delivered by the 
parties. 

A deed of lands is a writing, sealed and delivered, by 
which lands, tenements, and hereditaments are con- 
veyed. 

While a deed to be valid must be delivered, it is not 
essential to the validity of a deed that it be actually de- 
livered to, or even pass into the hands of the grantee. 
If delivered to a third person as an escrow, it will take 
effect immediately on the performance of the condition. 



GOVERNMENT OF INDIANA. 165 

The statute provides that conveyances of lands, or 
any interest therein, shall be by deed, in writing, sub- 
scribed, sealed, and duly acknowledged by the grantor, 
or by his attorney ; except lona Ude leases for a term 
not exceeding three years. The law provides with refer- 
ence to the forms of conveyances, as follows : 

u Any conveyance of lands worded in substance as 
follows : 4 A. B. conveys and warrants to C. D.' [here 
describe the premises] c for the sum of [here insert the 
consideration,] the said conveyance being dated and 
duly signed, sealed and acknowledged by the grantor,, 
shall be deemed and held to be a conveyance in fee 
simple to the grantee, his heirs and assigns, with coven- 
ant from the grantor for himself and his heirs and per- 
sonal representatives, that he is lawfully seized of the 
premises, has good right to convey the same, and guar- 
antees the quiet possession thereof ; that the same are 
free from all incumbrances, and that he will warrant and 
defend the title to the same against all lawful claims. " 

" Any conveyance of lands, worded in substance as 
follows : 4 A. B. quit claims to C. D.' [here describe the 
premises], "for the sum of [here insert the consideration] 
the said conveyance being duly signed, sealed, and ac- 
knowledged by the grantor, shall be deemed to be a 
good and sufficient conveyance in quit claim to the 
grantee, his heirs and assigns." 

" Any mortgage of lands worded in substance as fol- 
lows : c A. B. mortgages and warrants to C. D.' [here des- 
cribe the premises] 'to secure the repayment' of [here re- 
cite the sum for which the mortgage is granted, or the 
notes or other evidences of debt, or a description thereof, 
sought to be secured, also the date of the repayment], 
the said mortgage being dated, and duly signed, sealed, 
and acknowledged by the grantor, shall be deemed and 
held to be a good and sufficient mortgage to the grantee, 
his heirs, assigns, executors, and administrators, with 
warranty from the grantor and his legal representatives, 



166 GOVERNMENT OF INDIANA. 

of perfect title in the grantor, and against all previous 
incumbrances. And if in the above form the words and 
warrant be omitted, the mortgage shall be good, but 
without warranty." 

An ink scrawl or scroll has the same effect, by stat- 
ute, as a seal of wax or wafer. 

A deed is valid between the parties without an at- 
testing witness or an acknowledgment. An acknowledg- 
ment is only essential for the admission of a deed to rec- 
ord. 

" To entitle any conveyance, mortgage or instru- 
ment of writing to be recorded, it shall be acknowledged 
by the grantor, or proved before any judge or clerk of a 
court of record, justice of the peace, auditor, recorder, 
notary public, or mayor of a city, in this or any other 
State, or before any commissioner appointed in any 
other State by the governor of this State, or before any 
minister, charge d 5 affairs, or consul of the United States, 
in any foreign country." 

Powers of attorney may be given to enable third 
persons to execute conveyances for and in behalf of the 
grantors. Powers of attorney for the conveyance or in- 
€umbrance of lands must be executed and acknowledged 
in the same manner as deeds. 

A legal mortgage of lands is described as " a con- 
veyance of lands, by a debtor to his creditor, as a pledge 
and security for the re-payment of a sum of money bor- 
rowed, or performance of a covenant ; with a j)roviso 
that such conveyance shall be void on payment of the 
money and interest on a certain day, or the performance 
of such covenant by the time appointed, by which the 
conveyance of the land becomes absolute at law ; yet the 
mortgagor has an equity of redemption, that is, a right in 



GOVERNMENT OF INDIANA. 167 

equity, on the performance of the agreement within a 

reasonable time, to call for a re-conveyance of the land." 
A mortgage of real estate is regarded in equity as a 
mere security for the performance of the condition in the 
mortgage which, if performed, defeats the operation of 
the instrument as a deed of conveyance. 

The requirements in relation to the execution and 
acknowledgment of a mortgage are the same as in case of 
an absolute deed. 

Deeds and mortgages are valid as between the par- 
ties thereto, when executed and delivered. But for the 
purpose of protecting innocent parties from being de- 
frauded by purchasing lands or receiving mortgages from 
those who had already sold or mortgaged such lands, the 
law has provided that a record may be made of such in- 
struments in the office of the recorder of the county. 

" Every conveyance or mortgage of lands, or of any 
interest therein, and every lease for more than three 
years, shall be recorded in the recorder's office of the 
county where such lands shall be situated : and every 
such conveyance or lease not so recorded within ninety 
days from the execution thereof, shall be fraudulent and 
void as against any subsequent purchaser or mortgagee 
in good faith and for a valuable consideration." 

A married woman, in order to convey or incumber 
her interest in real estate, must join with Tier husband in 
the deed. 

A deed executed by a minor is not void, but is valid 
to vest the title in the grantee until the deed is disaffirm- 
ed by such minor after coming of age. Any act mani- 
festing unequivocally the intention to disaffirm, would 
render the avoidance of the deed effectual : and this may 



168 GOVERNMENT OF INDIANA. 

be done at any time before the statute of limitation 
takes effect. 

The confirmation of a minor's deed after coming of 
full age may be inferred from either an express recog- 
nition of the validity of the deed, or from any act done 
under a knowledge of his rights, which demonstrates his 
willingness to be bound by the contract ; or by continu- 
ing, after acquiring such knowledge, to enjoy any bene- 
fit, profit or privilege under the contract. 

Lapse of time after the age of majority may furnish 
evidence of acquiescence, and thus tend to confirm the 
title, but of itself does not destroy the right to avoid the 
deed. But if, in the meantime, he has shown a manifest 
intention to confirm the deed, that, in connection with 
the lapse of time, though less than twenty-one years, 
will amount to a confirmation. 

Personal property^ . which consists, in general, of 
things temporary and movable, may be conveyed with- 
out the formality required in the conveyance of real 
estate. Delivery and acceptance, with the intention 
that the title pass, is sufficient. 

Personal property may be mortgaged or pledged as 
security for the payment of money or the performance of 
any legal obligation. 

A mortgage of personal property, or chattel mort- 
gage, may be defined as a conveyance or sale of goods, 
to become an absolute interest, if not redeemed at a cer- 
tain time. The statute provides that : 

" No assignment of goods by way of mortgage shall 
be valid against any other person than the parties there- 
to, where such goods are not delivered to the mortgagee or 



GOVERNMENT OF INDIANA. 169 

assignee and retained by him, unless such assignment or 
mortgage shall be acknowledged, as provided in cases of 
deeds of conveyance, and recorded in the recorder's office 
of the county where the mortgagor resides within ten 
days after the execution thereof.*" 

u Every such mortgage shall be considered as record- 
ed from the time it shall be left at the proper recorder's 
office for that purpose." 

If a person die without having disposed of his prop- 
erty, the title to such property vests either in some per- 
son or persons, or escheats to the State. 

A person who dies without having made a will is 

called an intestate. 

The person upon whom the law casts the title of an 
estate, upon the death of the owner, is called an heir-at- 
law ; and the title thus acquired is called title by des- 
cent. 

The statutes of the State provide for the order in 
which the title to property shall descend, and indicate 
who shall be deemed heirs of an estate. [See Statutes 
of Indiana. Gavin and Hord, vol. 1, page 291.] 

An estate of inheritance is one that the heir at-law 
of the deceased may inherit. 



Questions.— What is real property? What is a deed? A deed of lands ? 
What is said of the delivery of a deed ? Of certain statutory requirements ? 
What provision is made by law as to the form of a warrantee deed ? A quit 
claim deed ? A mortgage ? Of a seal? Of the acknowledgment, sealing, 
and attestation ? What officers may take the acknowledgment of deeds and 
other instruments ? Of powers of attorney ? What is a mortgage of lands ? 
What is a defeasance ? What is said as to the validity of deeds and mort- 
gages between the parties thereto ? State the principal object of recording 
deeds and mortgages. The effect of a failure to record. How may a married 
woman convev or incumber her interest in lands ? What is said of the va- 

12 



170 GOVERNMENT OF INDIANA. 

lidity of a minor's deed? How may such deed be disaffirmed? What is 
said of the confirmation of such deed ? Of what does personal property con- 
sist ? What is said of the transfer of the title to persona] property ? What 
is a chattel mortgage ? What becomes of the title to property, on the death 
of the owner? Define the word intestate. Heir-at-law. What is the title in- 
herited by an heir-at-law called ? What is an estate of inheritance ? 



DOMESTIC RELATIONS, 



CHAPTEB XLIV. 



MARRIAGE, REGULATIONS CONCERNING — HUSBAND AND WIFE 
— APPRENTICES. 

Male persons of the age of seventeen years, and fe- 
males of the age of fourteen years, not within the pro- 
hibited degrees of consanguinity — (see chapter on crimi- 
nal law. title, * % Incest." ) and not having a husband or wife 
living, may be joined in marriage : Provided, That males 
under the age of twenty-one years, and females under 
the age of eighteen years, shall fifst obtain the consent 
of their parent or guardian. 

White persons and Africans are prohibited from in- 
termarrying. [See chapter on Crimes and Misdemean- 
ors.1 

" Marriages may be solemnized by ministers of the 
gospel and priests of every church throughout the State, 
judges of courts of record, and justices of the peace, 
within their respective counties, and by the society of 
Friends, and German Baptists, according to the rules of 
their societies: Provided, That no marriage, legal in 



172 GOVERNMENT OF INDIANA. 

other respects, shall be void on account of the incapac- 
ity of the person solemnizing the same. 

^ Before any persons, except members of the society 
of Friends, shall be joined in marriage, they shall pro- 
duce a license from the clerk of the circuit court of the 
county in which the female resides, directed to any per- 
son empowered by law to solemnize marriages, and au- 
thorizing him to join together the persons therein named, 
as husband and wife. 

" Such license shall not be issued by the clerk, with- 
out the consent of the parent or guardian, if there be 
any, if the female be within the age of eighteen, or the 
male within the age of twenty-one. When there is no 
parent or guardian resident within the State, and the 
female has resided within the county where license is 
sought to be obtained, for one month preceding such 
application, license may issue. 

u An affidavit of the facts as required to exist, by the 
last preceding section, made by some disinterested per- 
son, shall be sufficient justification of the clerk in issuing 
any license. 

" No marriage shall be void or voidable for the want 
of license or other formality required by law, if either 
of the parties thereto believed it to be legal marriage at 
the time." [See chapter on Criminal Law, title, " Mar- 
riage."] 

The relations of husband and wife in reference to 
property are regulated by statute, many of the harsh 
rules of the common law having been abrogated. The 
real and personal property of a woman at her marriage, 
or that may subsequently be given to or inherited by 
her, or be purchased with her means, continues and re- 
mains her separate property. 

If a husband desert his wife, or from intemperance 
or other cause becomes incapacitated or neglects to pro- 



GOVERNMENT OF INDIANA. 173 

vide for his family, the circuit court has power in such 
case, on a proper showing, to make an order or judg- 
ment, vesting such woman with the rights, privileges, 
and liabilities of an unmarried woman, as to acquiring, 
possessing, and disposing of property, real and personal, 
making contracts and being liable thereon, and suing 
and being sued in her own name ; and may authorize 
any person holding money of the husband, to deliver the 
same to the wife; and during such absence the wife is 
entitled to receive pay for her labor, and that of her 
minor children. 

In actions against husband and wife upon any cause 
existing against her at their marriage, or upon any tort 
committed by her during coverture, or upon any con- 
tract made by her concerning her separate property, her 
property is liable to be taken to satisfy any judgment 
therein. 

If the husband die testate or intestate, leaving a 
widow, one-third of his real estate descends to her in fee 
simple, free from all demands of creditors : Provided, 
That when the real estate exceeds in value ten thousand 
dollars, the widow shall have one-fourth only, and where 
the real estate exceeds twenty thousand dollars, one-fifth 
only, as against creditors. 

If a wife die, testate or intestate, leaving a widower, 
one-third of her real estate descends to him, subject, 
however, to its proportion of the debts of the wife, con- 
tracted before marriage. 

For laws concerning descent of property, see stat- 
utes of Indiana, Gavin & Hord, vol. 1, page 291. 



174 GOVERNMENT OF INDIANA. 

The husband whose duty it is to provide for his 
family is liable for necessaries furnished them. 

Male children under the age of twenty- one years^ 
and females under eighteen years, may be bound to serve 
as apprentices until they arrive at those ages respec- 
tively ; but the marriage of a female annuls the agree- 
ment by which she was bound to such service. 

The terms on which children may be bound out are 
regulated by statute. [See Gavin <fc Hord, vol. 1, page 
431.] 



Questions.— What persons may contract marriage ? By whom may 
marriages be solemnized? What is said of marriage licenses? Are mar- 
riages void if solemnized without license? What is said of the separate 
property of married women ? In case a husband abandon his wife, what 
authority may be conferred upon the wife ? What is said of actions against 
the wife? Of the interest of the widow in her deceased husband's estate ? 
Of the interest of the husband in the estate of his deceased wife ? Of the 
husband's liability for necessaries furnished the family? Of apprenticing: 
children ? 



SUNDRY MATTERS AFFECTING 
CIVIL RIGHTS. 



CHAPTER XLV. 



THE LAW CONCERNING LIENS. 

Bouvier, in his Law Dictionary, has given us an ab- 
stract of authorities on the law of liens, arranging the 
matter methodically, and stating the conclusions of the 
courts with clearness and brevity. 

He says : 

" In its most extensive signification, this term in- 
cludes every case where real or personal property is 
charged with payment of any debt or duty ; every 
such charge being denominated a lien on the property. 
In a more limited sense it is defined to be a right of 
detaining the property of another until some claim is 
satisfied. 

" There are two kinds of lien; namely, particular and 
general- When a person claims a right to certain prop- 
erty in respect of money or labor expended on such par- 
ticular property, this is a particular lien. 



176 GOVERNMENT OF INDIANA. 

u Liens may arise in three ways : 1st. By express con- 
tract. 2d. From implied contract, as from general or par- 
ticular usage of trade. 3d. By legal relation between the 
parties, which may be created in three ways : 1. When 
the law casts an obligation on a party to do a particular 
act, and in return for which, to secure him payment, it 
gives him such lien ; common carriers and inn-keepers 
are among this number. 2. When goods are delivered 
to a tradesman or any other, to expend his labor upon, 
he is entitled to detain those goods until he is remune- 
rated for the labor which he so expends. 3. When 
goods have been saved from the perils of the sea, the 
salvor may detain them until his claim for salvage is 
satisfied ; but in no other case has the finder of goods a 
lien. 

" General liens arise in three ways : 1. By the agree- 
ment of the parties. 2. By the general usage of trade. 
3. By particular usage of trade. 

u How liens may be acquired. — To create a valid lien, 
it is essential, 1st. That the party to whom or by whom it 
is acquired should have the absolute property or owner- 
ship of the thing, or, at least, a right to vest it. 2d. That 
the party claiming the lien should have an actual or con- 
structive possession, with the assent of the party against 
whom the claim is made. 3d. That the lien should arise 
upon an agreement, express or implied, and not be for a 
limited or specific purpose inconsistent with the express 
terms or the clear intent of the contract, as, for example, 
when goods are deposited to be delivered to a third per- 
son, or to be transferred to another place. 

^The debts or claims to vjhich liens properly attach. 
— 1st. In general, liens properly attach on liquidated de- 



GOVERNMENT OF INDIANA . 177 

inands. and not on those which sound only in damages ; 
though by an express contract they may attach even in 
such a case ; as where the goods are to be held as an 
indemnity against a future contingent claim or damages. 
2d. The claim for which the lien is asserted must be due to 
the party claiming it in his own right, and not merely as 
agent of a third person. It must be a debt or demand 
due from the very person for whose benefit the party is 
acting, and not from a third person, although the goods 
may be claimed through him. 

"How a lien may he lost. — 1st. It may be waived or 
lost by any act or agreement between the parties, by 
which it is surrendered or becomes inapplicable. 2d. It 
may also be lost by voluntarily parting with the i)osses- 
sion of the goods. But to this rule there are some ex- 
ceptions ; for examrjle. when a factor by lawful authority 
sells the goods of his principal, and parts with the posses- 
sion under the sale, he is not. by this act, deemed to lose 
his lien, but it attaches to the proceeds of the sale in the 
hands of the vendee. 

" The effect of liens. — In general, the right of the 
holder of the lien is confined to the mere right of retainer. 
But when the creditor lias made advances on the goods 
of a factor, he is generally invested with the right to 
sell. In some cases where the lien would not confer a 
power to sell, a court of equity would decree it. And 
courts of admiralty will decree a sale to satisfy maritime 
lien<. 

"Judgments rendered in courts of record are gener- 
ally liens on the real estate of the defendant- or parties 
against whom such judgments are given." 



178 GOVERNMENT OF INDIANA. 

Provision has been made by statute to create a lien 
in favor of merchants and others to enable them to se- 
cure what is justly their due, in certain cases. 

This lien attaches to the property on account of 
which the obligation to pay arises. Thus, persons who 
perform labor or furnish materials or machinery for con- 
structing, altering, or repairing any watercraft, or for 
erecting or repairing any building or appurtenance there- 
to, bv virtue of a contract with the owner thereof, have 
a lien to secure the payment of the same, and in case of 
buildings, upon the lot or land upon which such build- 
ing stands, provided the owner of the building is the 
owner of such land ; and in case he has only a lease- 
hold interest in the land, such interest is liable to satisfy 
the lien. 

For liens created by statute, and the manner of en- 
forcing them, see Gavin & Hord, vol. 2, 295. 



Questions,— What is a lien ? How many kinds are there? How do they 
arise? Give illustrations. What is essential to a valid lien? To what 
debts or claims do liens attach ? How may a lien be lost? What is said of 
the effect of liens ? Of judgments? Of statutory liens ? 



CHAPTER XLVL 



MONEY AND INTEREST — WEIGHTS AND MEASURES. 

The parties to any bond, bill, promissory note, or 
other instrument in writing, for the forbearance or pay- 



GOVERNMENT OF INDIANA. 179 

ment of money at any future time, may stipulate therein 
for the payment of interest upon the amount of such 
bond, bill, note, or other instrument of writing, at any 
rate not exceeding ten per centum per annum, payable 
annually. In other cases the rate of interest is six per 
cent. 

Rule for application of interest : — Suppose the rate 
of interest to be six per cent. Payments made upon notes 
or installments before due should be applied to the ex- 
tinguishment of the principal and such proportion of in- 
terest as has accrued upon the principal thus extinguish- 
ed at the time of the payment. For instance, a bond or 
note is given for the payment of one hundred dollars on 
or before the termination of one year, with interest. x\t 
the end of six months a payment of fifty-one dollars and 
fifty cents is made. This is not applied to sink the bal- 
ance of the principal to forty-eight dollars and fifty cents, 
but the one dollar and fifty cents is applied to the inter- 
est of fifty dollars for six months, and fifty dollars to sink 
so much of the principal. At the end of the year there 
will be due fifty dollars of principal and the interest on 
that fifty dollars for one year. 

The statute fixing the rate of interest is not an act of 
usury, technically so called. It does not avoid the con- 
tract, except as to the excess of interest over the lawful 
rate. 

Contracts tor interest made in other states, when it 
is sought to enforce them in this State, must be govern 
ed by the law of the State where the contract was made 
— the validity of the agreement depending upon the lex 
loci of the contract. 



180 GOVERNMENT OF INDIANA. 

The law provides how many pounds of the following 
named products shall constitute a bushel : Wheat, 60 
pounds ; shelled corn, 56 ; corn on the cob, 68 ; buck- 
wheat, 50 ; beans, 60 ; potatoes, 60 ; clover seed, 60 ; hemp 
seed, 4-1 ; blue grass seed, 14 ; castor beans, 46 ; dried 
peaches, 33 ; dried apples, 25 ; mineral coal, mined with- 
out and sold within the State, SO ; coal mined within the 
State, 70; timothy seed, 45; rye, 56; barley, 48; corn 
meal, 50 ; " and two thousand pounds of hay shall be giv- 
en and taken for a ton. r 



Questions.— What is said of the rate of interest allowable in Indiana ? 
What is the rule for applying interest ? Give an illustration. What is 
the effect of a contract for excessive interest ? What is said of contracts for 
interest made in other States ? Give the weight per bushel of the different 
grains and other products mentioned in this lesson. 



CHAPTER XLVIL 



APPROPRIATION OF PRIVATE PROPERTY TO PUBI^C USE — EMI- 
NENT DOMAIN. 

Provision is made by law by which the property of 
indivduals may be appropriated to the use of the public. 

The constitution provides that wi no man's property 
shall be taken by law without just compensation, nor, 
except in case of the State, without such compensation 
first assessed and tendered.'* 



GOVERNMENT OF INDIANA. 181 

The interests of individuals in property are traceable 
to the government ; and in this country the aggregate 
body of the people in their sovereign capacity constitute 
the government. It is true that the government grants 
to individuals the right to take and appropriate estates 
as their own ; and yet the doctrine has always been rec- 
ognized that the eminent domain, the right which the 
government retains over the estates of individuals, is a 
sufficient warrant for resuming such estates for public 
use. 

The title to much of the lands in this country has 
been derived from the Federal government and not from 
the State ; and it would therefore seem that the Federal 
rather than the State government would be justified in 
the exercise of the power of eminent domain. But in- 
asmuch as under our somewhat anomalous or at least 
peculiar system, each State is charged with the protec- 
tion of its citizens in their persons and property, it has 
been held that the character of sovereignty in the State 
necessary to enable it to discharge its functions properly 
in that respect, requires that the power of eminent do- 
main shall pertain to and reside in the State govern- 
ment. This being so, it will be seen that the right is 
founded more in the necessity growing out of our rela- 
tions to each other and to society, than of a mere implied 
reservation in the grantor, where the government grants 
the estate. 

Eminent domain may be defined as the inherent 
right necessarily resting in every sovereignty to control 
and regulate the relative rights of individuals where 
those rights are of a public nature and pertain to its citi- 
zens in common. This being so, no constitutional pro- 



182 GOVERNMENT OF INDIANA. 

vision is necessary to give it force. The power is not 
born of written constitutions, but is usually limited by 
them. It therefore follows that the people, through their 
representatives, are to determine the question as to the 
propriety and expediency of exercising this right. 

" It may be used to appropriate lands for a public 
highway of any kind, and this whether the road is built 
and owned by the public or by a corporation as a public 
instrumentality, provided it is kept open for public use 
as a matter of right, or, according to the nature of the 
work, the corporation is made a common carrier of goods 
or of passengers. 

" It may be exercised directly or indirectly by the 
General Assembly, without the intervention of the ju- 
diciary, except the determining the amount of compen- 
sation. But the courts possess full power to determine 
its proper limit, and to prevent abuses in its exercise. 

4; The power rests upon necessity, and can only be 
exercised where such necessity exists. But this necessity 
relates rather to the nature of the property, and the uses 
to which it is applied, than to the exigencies of the par- 
ticular case ; and it is no objection to the exercise of the 
power that lands equally feasible could be obtained by 
purchase. 

" Only such interest as will answer the public wants 
can be taken ; and it can be held only so long as it is 
used by the public, and cannot be diverted to any other 
purpose." 



Questions.— What provision is made in the State constitution relative to 



GOVEBNMENT OF INDIANA. 183 

the taking of private property for public use ? To what source are the prop- 
erty interests of individuals traceable ? What right does the government 
retain over the estates of individuals ? What is said of the exercise of the 
power of eminent domain by the Federal and State governments ? 



CHAPTER XLIX. 



SALARIES OF OFFICERS. 

The several officers herein named receive for their 
services the following sums, annually: Governor, $3,000; 
treasurer of State. $3,000; auditor of State, $2,500; sec- 
retary of State. $2,000. [By the statute of 1871 the sec- 
retary of State is entitled to certain fees for his services. 
See session laws of 1871, p. 26.] President of the sink- 
ing fund, $3,000 ; governor's private secretary, $500 ; 
superintendent of public instruction. $2,000; State libra- 
rian, $800 ; superintendent of the insane, $1,200 ; super- 
intendent of the deaf and dumb, $1,000 ; superintendent 
of the blind. $800; warden of the State prison, $1,500; 
instructor of the State prison, $800; physician of the 
State prison, $800; judges of the supreme courts, $4,000: 
judges of the superior courts. $2,500; judges of the cir- 
cuit courts. $2,500; circuit judges pro tern.) at the rate of 
$1,900 per annum, for the actual time served ; judges of 
criminal circuit courts, $2,000; two clerks of the auditor 
of State, $2,000 each, and one clerk $000; clerk of the 
treasurer of State. $800; secretary of State, one clerk, 
$800. 



184 GOVERNMENT OF INDIANA. 

The law provides that the pay of the members of the 
General Assembly shall be eight dollars per day, while 
in actual attendance, or absent by leave, or on business 
of the General Assembly, or unable to attend from sick- 
ness ; and five dollars for every twenty-five miles they 
may travel from their usual place of residence to the 
seat of government and back, by the most usual traveled 
route. Most of the subordinate officers of the General 
Assembly receive five dollars per day for the time ac- 
tually employed. 

Many of the officers of the State, counties, cities, 
towns and townships, receive, in lieu of a regular salary, 
fees for services rendered. 



[The proper questions to the preceding chapter will be readily suggested 
to the teacher.] 



INDIANA IN THE WAR OF THE 
REBELLION. 



CHAPTER XLIX.* 



WHAT INDIANA CONTRIBUTED TO SAVE THE NATION. 

u During the War of the Rebellion there were mus- 
tered into the service from the State of Indiana, 288,302 
soldiers. Of these the report of the adjutant-general 
shows that 652 commissioned officers, and 23,764 non- 
commisioned officers were killed ; a total of 24,416. Of 
the soldiers who went out from Indiana, there has been 
no word received of 13,779 ; that number went forth to 
battle, and we know not what has become of them. 
Adjutant-General Terrell, whose opportunities for arriv- 
ing at the truth are probably better than any one else, 
estimates that of these 6,000 were killed in battle, died 
in hospitals, by the lonely wayside, or amid the horrors 
of a rebel prison pen ; making a grand total of 30,416 



*This chapter is compiled from a speech made at Greencastle, on "Deco- 
ration Day,'' 1S75, by Senator Morton. 

13 



186 GOVERNMENT OF INDIANA. 

soldiers whose lives Indiana yielded up that the Union 
might be preserved. 

" But the record does not stop here. It is estimated 
that fully 15,000 of the soldiers died in hospitals or at 
home after discharge, swelling the already frightful list 
to 45,000, and this number is constantly increasing. 

" During the war, 18,884 commissions were issued to 
officers of Indiana regiments and battalions. Indiana 
soldiers fought in sixteen states and one territory, and 
were in 308 engagements. 

" Indiana contributed in direct taxes for war relief 
of various lands over $20,000,00, and made voluntary con- 
tributions of over $30,000,000." 



Questions.— How niany soldiers were mustered into the service from In- 
diana for the late war ? How many officers were killed ? How many soldiers 
went out from the State whose fate is not positively known ? What report 
does the adjutant-general make of them ? How many Indiana soldiers lost 
their lives in the late war ? How many have died since their discharge ? 
How many officers were commissioned for the' service, by the governor? In 
how many states and territories did Indiana soldiers fight ? In how many 
engagements? What amount did the State contribute in taxes for war 
relief? What amount in voluntary contributions ? 



rri 






HIED STATES. 



CHAPTER I. 



COLONIAL GOVERNMENTS — GOVERNMENT TINDER THE ARTICLES 



OF CONFEDERATION 
GOVERNMENT. 



•ORGANIZATION OF THE FEDERAL 



In the early history of this country the people were 
subjects of the British empire. Extensive grants of ter- 
ritory were conferred upon individuals and companies. 
Some of these grants conferred certain powers of govern- 
ment. Out of these grants colonies were organized, with 
charters specifying what governmental powers might be 
exercised. They authorized the establishment of legis- 
latures to make laws for the government of the people, 
provided such laws should not conflict with the laws of 
the British Parliament. 

Governors for the colonies were appointed by the 
King of England, in whom was vested executive au- 
thority. 



188 GOVERNMENT OF INDIANA. 

The colonies, while subject to Great Britain, were en- 
tirely independent of each other. 

In course of time the British government became ex- 
acting and oppressive towards the colonies, denying them 
many of the privileges that had been granted by their 
charters. 

In 1765, at the request of the Massachusetts legisla- 
ture, the different colonies sent representatives, or dele- 
gates, to meet in convention to counsel together concern- 
ing their difficulties with the British government. In the 
same year delegates from nine colonies met in New York, 
and agreed upon and signed petitions and memorials 
representing their grounds of complaint, and forwarded 
them to the King. 

September 5, 1774, delegates from eleven of the 
colonies met in Philadelphia. This body was called the 
Continental Congress. It adjourned in October to meet 
again in May, 1775. Various measures were adopted de- 
signed to protect the people against the encroachments 
of the mother country, and on the 4th of July, 1776, Con- 
gress declared the colonies to be free and independent 
states. 

Thus far, no provision had been made for incorpora- 
ting the states into one nation for the purposes of gov- 
ernment ; but believing it to be necessary for their 
mutual protection and safety, in November, 1775, a plan 
of union was agreed upon. This plan was set out in a 
"writing called, u Articles of Confederation and perpetual 
union between the States, " and was to become operative,, 
that is, go into effect, when adopted by the Legislatures 
of all the states. 



GOVERNMENT OF INDIANA. • 189 

In 1778, the articles were adopted by eleven of the 
states ; in 1779, by one ; and by the thirteenth and last, 
in 1781. So that on the 23d of March, 1781, the new gov- 
ernment went into operation, under the name of the 
United States of America. 

It was soon found that the articles of confederation 
did not confer sufficient power upon the National Gov- 
ernment to make it effective. Its powers were vested 
in Congress ; and no provision had been made for an exe- 
cutive or a judicial department, It could pass laws, but 
could not enforce them. It could determine how many 
men and how much money each state should furnish to 
carry on the war, but it was left for the states to execute 
the law. If they refused, there was no law to compel 
them to comply. To defray the expenses of the war, 
Congress borrowed large sums of money, several millions 
of which were from Holland and France. 

Another difficulty arose from the fact that different 
states enacted laws giving their own citizens undue ad- 
vantages over the citizens of other states. 

To enable the national government to control, in 
needful cases, the action of the states, it was found neces- 
sary to confer greater powers upon it. So in May, 1787, 
delegates chosen by all the states, except Rhode Island, 
assembled at Philadelphia, and adopted our present con- 
stitution. This was submitted to the people of the states 
for their approval. 

The people chose delegates in each state to attend 
state conventions, with power to approve or reject the 
proposed constitution. These conventions approved the 



190 GOVERNMENT OF INDIANA. 

constitution, and thus our present government was es- 
tablished. 

The constitution of the United States may be said ta 
be an agreement of the different states with each other, 
as to the forms and powers of the national government. 
It confers certain powers of government and control 
over the states and the people of the United States. 
Hence we refer to the constitution and the government 
as the Federal Constitution or Federal Government. 



Question.— Of what government were the people of this country formerly 
subjects? What is said of the organization of colonies? Who appointed 
the governors? What action was taken by the colonies in 1765 ? In 1774 ? 
In 1776? When were the Articles of Confederation adopted ? What powers 
had the government under the Articles of Confederation ? What was the 
occasion for a change in the government? How, and when was this change 
effected ? What is said of the constitution of the United States? 



CHAPTER II. 



EXECUTIVE DEPARTMENT OF THE GOVERNMENT OF THE UNITED 
STATES — THE DIFFERENT SECRETARIES AND THEIR DUTIES. 

The executive department of the government is 
vested in the President. The duties of the President and 
Vice-President are similar to those of the governor and 
lieutenant-governor of a state. The President appoints 
the officers necessary to assist him in executing the laws. 

Most of the executive business is done through de- 



GOVERNMENT OF INDIANA. 191 

partments; and each department has a head officer 
called a secretary. 

The Secretary of State performs for the national gov- 
ernment duties similar to those performed by the state 
secretaries for the states ; and in addition thereto, he has 
charge of our affairs with foreign nations, and gives 
directions, under the President, to our foreign ministers 
and consuls. 

The Secretary of the Treasury has charge of, and 
conducts the financial affairs of the government. 
Amongst other things, it is his duty to attend to the col- 
lection of funds for the support of the Government ; to 
make out and report to Congress, estimates of the public 
revenues and expenses, and to inform that body what 
appropriations will be needed for the use of the Govern- 
ment. 

The Secretary of War has charge of the Military De- 
partment. 

The Secretary of the Navy has the charge of the busi- 
ness relating to the Navy. 

The Attorney-General is the legal adviser of the 
President and heads of the various Departments, and 
prosecutes suits in the Supreme Court of the United 
States. 

The Postmaster-General has the general supervision 
post offices, and of the carrying and distributing of the 
mails. 

The Secretary of the Interior has charge of the Indian, 
land, pension, and patent matters. 

The heads of these several departments constitute 



192 GOVERNMENT OF INDIANA. 

the President's Cabinet, and are his counsellors and ad- 
visers. 



Questions,— In whom is the executive department of the United States 
vested ? Does the President execute the laws in person ? How does he exe- 
cute them ? Name the chief department officers. "What are the duties of 
each? 



CHAPTER III. 



LEGISLATIVE DEPARTMENT OF THE GOVERNMENT OF THE 
UNITED STATES. 

The legislative department is vested in Congress, 
consisting of two houses : a senate and house of represen- 
tatives. 

The senate has two members from each State, who 
are elected for six years. 

The Vice-President is the presiding officer of the 
senate. 

The advice and consent of the senate is necessary 
for the appointment of many of the officers of the Gov- 
ernment. 

When charges are preferred against certain officers of 
the United States, the senate tries them ; and when sit- 
ting for that purpose, is a court of impeachment. The 
Chief Justice of the Supreme Court presides on such oc- 
casions. 



GOVERNMENT OF INDIANA. 193 

In matters of legislation, the proceedings of the two 
houses of Congress are similar to those of the two 
branches of the General Assembly. The members of 
the house of representatives hold their offices for two 
years. The states are divided into districts, and a mem- 
ber is elected in each district. 

The powers of Congress are delegated to it by the 
constitution ; and in this respect it differs from the state 
legislatures. The state constitutions prescribe and in- 
dicate what the legislatures may not do : the Federal 
constitution declares what Congress may do. Hence, in 
determining whether an act of Congress is constitutional, 
the question is, " Does the constitution authorize the 
act ?" — and is determining whether an act of a state legis- 
lsture is constitutional, the question is, " Does the con- 
stitution forbid it \ In the case of Brown against Buzan, 
the Supreme Court of Indiana held that the court ought 
not to strike down an act of the General Assembly for 
unconstutionality, unless it be clearly in conllict with 
the constitution, which is paramount to any statute. 



Questions— In what body is the legislative department of the government 
vested ? How many members has the senate? Mention some of the duties 
of the senate, not pertaining to the ordinary matters of legislation ? How 
are members of the house elected ? How long is their term of office ? What 
is said of the powers of Congress ? In what respect do the powers of Con- 
gress differ from the powers of the state legislatures? What is the test of 
the constitutionality of an act? 



194 GOVERNMENT OF INDIANA. 



CHAPTER IV. 



GOVERNMENT OF THE UNITED STATES, CONTINUED — THE JU- 
DICIAL DEPARTMENT — SALARIES OF OFFICERS. 

The Federal constitution provides that the Judicial 
power of the United States shall be vested in one su- 
preme court, and such inferior courts as Congress may, 
from time to time, establish. It also enumerates the du- 
ties and powers of these courts. 

The supreme court consists of nine members. 

The United States is divided into ten circuits, and a 
judge is appointed in each circuit. The circuit courts re- 
vise the decisions of the district courts, and in addition to 
certain civil causes they may try, they have jurisdiction 
for the trial of the highest crimes against the United 
States. When a justice of the supreme court of the Unit- 
ed States is present at a circuit court, he presides. The 
judge of the district sometimes sits with the circuit judge, 
in which case the circuit judge presides. 

District courts are established throughout the United 
States. In each State there is at least one district court 
This court has jurisdiction in admiralty, bankruptcy, and 
many other cases. It also has jurisdiction over offenses 
against the laws of the United States. 

In addition to these, Congress has established a court 
of claims, for the adjudication of claims against the Gov- 
ernment. 

The President of the United States receives an an- 



GOVERNMENT OF INDIANA. 195 

nnal salary of $50,000; the Vice-President. $8,000: cabi- 
net officers, $8,000 each ; envoys extraordinary, and min- 
isters plenipotentiary, from $12,000 to $17,500 ; ministers 
resident in foreign countries, from $7,500 to $12,000 ; min- 
isters resident and consuls gsneral, $1,000 to $7,000 ; 
members of Congress, $5,000, and mileage at twenty cents 
per mile each way, to and from Washington. 



Questions. — What provision is made in the constitution for the establish- 
ment of courts ? Of how many members is the supreme court composed ? 
How many circuit courts are there in the United States ? What is said of 
the jurisdiction of circuit courts ? What judge presides in the circuit court ? 
What is said of the establishment of district courts ? Of their jurisdiction ? 
Of the court of claims ? What salary does the President of the United States 
receive? The Vice-President? Cabinet officers? Envoys extraordinary 
and ministers plenipotentiary ? Ministers resident in foreign countries? 
Ministers resident and consuls general ? Members of Congress ? 



196 GOVERNMENT OF INDIANA. 



APPENDIX 



DEFINITION OF CERTAIN WORDS, AS USED IN THIS VOLUME. 

Abscond, to hide, or secrete one's self. 

Acquiescence, compliance, consent. 

Action, legal demand of one's rights, in court, or, a crim- 
inal prosecution. 

Adhering, to remain with, to take sides with. 

Adjust, to regulate, put in order. 

Administer, to supply, to act as an agent in doing a thing, 
or, enforcing a law or the like. 

Administration, the act of administering. 

Admissibility, proper, or worthy to be admitted. 

Adulterating, corrupting, polluting, debasing. 

Adultery, sexual intercourse between a married person 
and one to whom such person is not married. 

Affidavit, an oath in writing. 

Affirmation, confirmation, declaration. 

Affirm, to declare, tell or indorse confidently. 

Aforesaid, said before, named before. 

Aggregate, the sum or result of various particulars. 

Agreement, compact, bargain. 

Agriculture, tillage, husbandry, cultivation of the soil. 

Alderman, an officer of an incorporated town, an incor- 
porated magistrate. 

Alien, a foreigner who has not been naturalized. 

Allegiance, the duty of a subject. 

Allegations, affirmations, statements or pleas. 

Amulet, an ornament, gem, scroll or the like, worn as a 
charm to prevent disease or other injury. 



GOVERNMENT OF INDIANA. 197 

Ancestor, one from whom a person descends — one from 
whom an inheritance is derived. 

Apparent, plain, evident, certain. 

Apparatus, tools or instruments for any trade. 

Appendix, addition, supplement. 

Apportion, to divide into just parts. 

Apprentice, one bound to serve a tradesman. 

Appropriate, to assign to any particular use, to make use 
of — fit, proper. 

Appurtenance, that which belongs to something else. 

Arms, weapons. 

Artificial, made by art, not natural. 

Assault, to attack, invade. 

Assemble* to meet together, or call together. 

Assign, to make out, transfer. 

Atrocious, wicked, heinous, enormous. 

Avocation , employment. 

Bailee, one to whom goods are intrusted. 

Bar, to prevent, prohibit. 

Battery, an unlawful touching of another's person. 

Beverage, liquor for drinking to gratify appetite, or 
quench thirst. 

Bind out. These words refer to the agreement by which 
a person is held to service by another. 

Board, several persons united to discharge some duty 
prescribed by law. 

Body Politic, the jDeople united together for the purpose 
of government. 

Breach of trust, misappropriation of a thing that has been 
intrusted to another in confidence. 

Brd'iart/, a book containing the service of the Roman 
Catholic or Greek Church. 

Candidate, one who asks for a place. 

Cassock, a cloak or gown worn over other garments. 

Certify, to give certain information. 

Certiorari, to be certified to — the name of a writ com- 
manding an inferior court to certify and return the record of 
its proceedings to a higher court. 



198 GOVERNMENT OF INDIANA. 

Chancery ) a court of equity and conscience. 

Character, one's moral state or condition, reputation. 

Charter, a privilege granted by the government. 

Civilized, polished, improved, civil. 

Classify, to range in order, grade, or rank. 

Classification, the act of forming into classes. 

Cohabitation, living together. 

Command, to order, govern, overlook. 

Common-law, rules of action founded on long usage and 
the decisions of courts of justice, in distinction from the 
statute or written law. 

Common-law jurisdiction, not confined, in the exercise of 
jurisdiction, exclusively to the statutes or written laws [See 
Common-law]. 

Community, the body politic. 

Commutation, alteration, to exchange, or substitute, one 
thing for another. 

Compensation, recompense. 

Committed, sent to prison. 

Complaint, an accusation. 

Confederation, a compact for mutual support or protection. 

Conferred, bestowed. 

Conflict, disagreement. 

Conjunction, united, associated, union. 

Convention, an assembly of delegates, or representatives, 
to accomplish some specific object. 

Consecutive, following in regular order. 

Conscientious, just, exact; disposition to be and do right. 

Contagious, infectious, catching. 

C ontumeliously , with reproach, contempt, insolently. 

Convene, to call together, to assemble. 

Contract, bargain, agreement. 

Costs, expenses of a suit, which may be recovered from 
the losing party. 

Countersign, the signature of a secretary or other subor- 
dinate officer to a writing signed by the principal or superior, 
to attest its authenticity. 

Crime, an offense against public law. The word is gen- 
erally used to indicate a felony. 

Cultivate, to improve. 



GOVERNMENT OF INDIANA. 199 

Deceased^ departed from life, dead. 

Decrepit^ wasted and worn by age. 

Deem, to judge, to conclude, to think. 

Deface, to destroy, to raze, to disfigure. 

Default, an omission, defect, failure. 

Defendant, the person prosecuted. 

Defraud, to rob by a trick, to cozen. 

Delegate, an agent, to depute, commissioner. 

Deliberate, to consider with care. 

Dependent, reliance upon, or in the power of another. 

Department^ separate office, a division of the govern- 
ment. 

Descent, coming down, derivation, or from an ancestor. 

Designate, to point out, to distinguish. 

Detention, the act of detaining, restraining. 

Devise, the act of giving or disposing of real estate bv a 
will. 

Diagram, a figure or drawing. 

Diploma, a document conferred by an educational insti- 
tution, certifying to a degree of attainment or advancement 
in scholarship. 

Discipline, to educate, to keep in order. 

Discretion, prudence, liberty of action. 

Disfigure, to deform, deface, mangle. 

Diversion, turning aside from any course, occupation, or 
object. 

Division, to divide, to set apart. 

Domestic, belonging to the house, or home, or family. 

Draft, to draw by lot ; also, a bill drawn on another for 
money. 

Duplicate, an exact copy of anything. 

Duress, imprisonment or restraint. 

Effective, able, efficient, active. 
Elector [see page 42]. 

Eligible, fit to be chosen, possessing the requisite legal 
qualifications. 

Enactment, to establish by law. 

Encroachment, intruding upon the rights of others. 

Ensue, to follow, to succeed. 



200 GOVERNMENT OF INDIANA. 

Entitled, having a right to. 

Equity, justice, right, honesty, impartiality. 

Equitable, in an impartial manner. 

Erection, a building. 

Escheat, property that falls to the State, for want of any 
person to inherit it. 

Essential, necessary, very important. 

Established, settled, firmly fixed, located. 

Estate, the interest or right one has in a thing, property. 

Estate of inheritance, a perpetuity in lands to a man and 
his heirs; or it is the right to succeed to the estate of a per- 
son who died without having made a will. 

Estimate, to rate, to set a value, or price upon; to calculate. 

Exacting, to force, to extort, to enjoin. 

Exempt, to free from, to privilege. 

Extraordinary, not common, unusual. 

Expedient, proper, convenient, fitness. 

Explorers, those who search through, or travel over, for 
the purpose of discovery. 

Facilitate, to make clear, or easy. 

Federal, pertaining to an agreement between parties, a 
compact. 

Felony, a crime punishable by death, or imprisonment in 
the State Prison. 

Filed, deposited with the proper officer. 

Fish weir, a dam built to stop and raise the water for the 
taking of fish. 

Fisheries, a place for propagating fish. 

Flume, the passage or channel for the water which pro- 
pels the wheel of a mill. 

Forfeit, a penalty for an offense. 

Forfeiture, the act of forfeiting; a fine. 

Foreigners, persons of other countries. 

Fraudulently, by fraud, treacherously. 

Freeman, one who enjoys liberty, or one who is not sub- 
ject to the will of another; one who enjoys, or is entitled to, 
a franchise, or privilege. 

Fuel, material used for fire. 

Fundamental, foundation, original, essential. 



GOVERNMENT OF INDIANA. 201 

Govern, to control, or regulate. 

Grade, rank, to arrange by degrees. 

Grant, gift, to bestow, a conveyance. 

Guest, visitor, one entertained. 

Guide, to direct ; as a noun it is one who directs. 

Guide-board, a board containing directions to travelers. 

Guide-post, a post containing directions to travelers. 

Habitually, customarily, by habit. 

Heirs, one who inherits by law, a successor. 

Heinous, very wicked, atrocious. 

Hereditament, ' anything that may be inherited, whether 
real, personal, or mixed. 

Hospital, a building in which the sick or infirm are re- 
ceived and treated. 

Hospitality, liberality in entertaining. 

Householder, the head of a family in possession of a house. 

Impeachment, a written accusation by the House of Rep- 
resentatives of the United States to the Senate of the United 
States against an officer. The lower Houses of State Leg- 
islatures also present articles of impeachment to the Senates 
against State officers for misconduct. 

Importation, act of bringing from abroad, from without 
the State. 

Impotent, incapacity to propagate the species. 

Impressment, the act of seizing for public use, or of im- 
pressing into the public service. 

Incur, to become liable to. 

Incorporated [see page 76]. 

Infantry, the foot soldiers of an army. 

Indigent, poor, having but little, if any property. 

Infected, tainted, poisoned, polluted. 

Infirmity, weakness, failing, disease. 

Inhabitant, one who has a fixed residence in a place. 

Inheritance [see estate of inheritance]. 

Inscription, a title, name, or character. 

Inserted, placed among other things. 

Installments, the parts of a debt due at different times. 

Instituted, established, fixed. 



202 GOVERNMENT OF INDIANA. 

Instrument, a writing containing the particulars of some 
act, contract, writ, or proceeding. 

Insurrection, a rebellion of citizens, or subjects of a 
country, against its government. 

Intermarry, to become connected by marriage. 

Intersect, to cut into, or cross each other. 

In transitu. Things are in transitu during their removal 
from one place to another. 

Invalid, without legal force, or effect. 

Invasion, the entry of a country by a public enemy, 
making war. 

Issue, the point or question in controversy between con- 
tending parties. When applied to the descent of estates, it 
includes all the lawful, lineal descendants of the ancestor. 

Jesuit, one of a religious order, of the Roman Catholic 
Church, founded by Ignatius Loyola, and approved in 1540, 
under the title of The Society of Jesus. The members take 
three vows : poverty, chastity, and obedience. 

Juggler, one who plays tricks. 

Jurisdiction, legal authority, a district. 

Juvenile, youthful, young. 

Ki?idred, relatives by blood or marriage, more properly 
the former. 

Larceny, stealing, theft. 
Lascivious, lustful, lewd. 
Lessee, one who takes an estate by lease. 
Levy, the act of raising money or men ; to collect. 
Lewd, disposition for lust. 
Libel, a defamatory publication, satire. 
Lien, a charge upon property, for the payment of a debt. 
License, an authority given to do an act, which without 
such authority would be illegal. 
Lieu, in place o£> instead of. 
Limit, to restrict. 
Limitations, restrictions. 

Lineal, descending in a direct line from an ancestor. 
List, a roll, or catalogue. 



GOVERNMENT OF INDIANA. 203 

Lock, the barrier, or works which confine the water of a 
stream or canal. 

Magazine, a store -house. 

Maliciously, with the spirit and intention of harm and 
mischief. 

Mayor, a chief magistrate of a city. 

Maim, to wound, cripple. 

Malice, a spirit desiring harm, without just cause. 

Mechanical, skilled in mechanics. 

Memorial, something to preserve memory. 

Menace, to threaten. 

Michilimackinac, probably derives its name from the In- 
dian words Michi-Mackinac, meaning a great truth, or from 
the Chippewa words Michine-Maukinonk, meaning the place 
of giant fairies. 

Mile-board, a board on which distances are indicated. 

Mile-stone, a stone on which distances are indicated. 

Minor ', one not of legal age to make a binding contract — 
smaller, less important. 

Misdemeanor, an offense less heinous than a crime. 

Mission, a station or residence for missionaries. 

Missionary, one who is sent upon a mission; especially, 
one sent to propagate religion. 

Mode, form, fashion. 

Moral, just, honest, upright. 

Monument, a pillar, statue, or other thing, to perpetuate 
the memory of a thing or person; a landmark. 

Mountebank, a quack, a stage doctor. 

Mustering, assembling, reviewing, collecting, or register- 
ing forces. 

Municipal, belonging to a corporation. 

Natural Science, the science of nature, as distinguished 
from the art or skill of man. 

Native. All persons born in the United States are con- 
sidered as natives. 

Negotiable, that which may be transferred by assignment. 

Non-resident, one who does not reside on his own lands. 

Nuisance, something noxious or offensive. 



204 GOVERNMENT OF INDIANA. 

Oath , a solemn affirmation which God is called upon to 
witness. 

Obligation, agreement, contract, bond. 
Offal, waste meat, refuse, unfit for use. 
Office, a public employment. 
Officer, one engaged in a public employment. 
Offe?ise, transgression, injury, violation of law. 
Operative, having the power of acting. 
Organized, formed, arranged. 

Pardon, forgiveness, remission. 

Parental, pertaining to parents. 

Pauper, a poor person who receives alms, or is supported 
at the public charge. 

Pecuniary, pertaining to money. 

Penalty, a punishment, forfeiture. 

Personate, to counterfeit, to represent. 

Pertain, to belong, to relate. 

Permanent, lasting, unchanged. 

Personal Property, temporary and movable property. 

Perjury [see page 158]. 

Petitions, requests, entreaties. 

Plaintiff, the party who commences a suit. 

Plurality, a greater number than some other, but not a 
majority of all. 

Political, pertaining to a regular system or administration 
of government. 

Polygamy, having more than one wife, or husband. 

Posthumous children, those born after the death of the 
father, or taken from the dead body of the mother. 

Premeditated, to think beforehand. 

Preceding, to go before in rank or time. 

Prescribe, to order, direct. 

Principal, chief. 

Prior, antecedent, former, anterior. 

Provocation, a cause of anger. 

Provided, stipulated as a condition, on condition,, 

Proving, evincing, ascertaining as truth. 

Professional, relating to a profession. 

Propagate, to generate, increase. 



GOVERNMENT OF INDIANA. 205 

Process, a writ issued out of a court. 

Proficiency, improvement. 

Protest^ a, declaration against a thing; a written declara- 
tion of the master of a vessel that an injury to it was not 
occasioned by his fault. 

Prothonotary, a register or chief clerk of a court, in par- 
ticular States. 

Punt-gun, a small cannon, carried on a flat-bottomed boat, 
and usually used for sporting. 

Puppet-Show, mock play by images. 

Qualified, made fit; accomplished. 

Quorum, a sufficient number to transact business. 

Mange, to place in order, ranks. 

Peal property, lands. 

Rebellion, insurrection by the people against their own 
country. 

Reclaim, reform, correct, recall. 

Recover, to win back, to gain as a compensation. 

Relatively, having relation to something else. 

Relevant, relative to 3 relating to. 

Renounce, disavow. 

Reproaching, censuring, upbraiding. 

Representations, representing, describing, showing. 

Reprieve, to respite from punishment. 

Restrain, to withhold, repress, limit. 

Resident* dwelling in a place. 

Resident freeholder, one who resides on an estate of in- 
heritance, or for life. 

Resolution, that which is determined or decided. 

Resort, to go to, or repair to; a place of assembling. 

Resource, an expedient, a resort. 

Respond, to answer, to accord or comply with. 

Restrictions, confinement, limitations. 

Revenues, income of a State, duties, taxes. 

Rob, to take property from the person of another forcibly, 
feloniously, or by putting in fear. 

Secular, pertaining to worldly matters. 



206 GOVERNMENT OF INDIANA. 

Second, a supporter, next to the first. 

Sepulture, interment, burial. 

Seize, to take forcible possession of. 

Seized, taken forcible possession of ; to be possessed of. 

Shute, a passage for fish through a dam or lock. 

Signature, mark, sign, written name. 

Simultaneous, existing or happening at the same time. 

Site, situation, local position. 

Slander, false report, to back-bite, to scandalize. 

Specific, definite, particular quality, or sort. 

Spawn, the eggs of fish. 

Stipulation, agreement. 

Subdivided, divided again. 

Subject, one owing allegiance to a sovereign or govern- 
ment; to make liable to. 

Subordinate, inferior in order. 

Supremacy, higher authority or power. 

Supervisory, to oversee, as an overseer, a superintendent. 

Suppression, the act of subduing, or crushing. 

Survey, to view, measure, examine. 

Surrender, to yield, to give one's self up. 

Surplus, excess, remainder. 

Swivel- gun, a small cannon, carrying a shot of half a 
pound, made to turn in a swivel or socket, in any direction. 

Tare, deficiency in the weight or quantity of goods by 
reason of the weight of the cask, box, or other thing contain- 
ing the commodity and which is weighed with it. 

Tax, toll, tribute, impost, custom or contribution for the 
service of the State. 

Tenement, any species of permanent property that may 
be held so as to create a tenancy, as lands, houses, rents, etc. 

Temporary, transient, for a short time. 

Testamentary, pertaining to a will. 

Territorial, pertaining to territory. 

Token, mark, sign. 

Transmit, to send from one person or place to another. 

Treason [See page 147]. 

Trespass, unlawful entry upon the lands of another; to 
intrude upon the rights of another. 



GOVERNMENT OF INDIANA. 207 

Tribunal, court of justice. 

Tribe, a certain generation of people. 

Usurpation, illegal possession. 

Uttering or publishing, to hold out or pretend that the 
thing offered is good and genuine, when it is not. 

Vagrant, an idle wanderer, a vagabond. 
Vested, belonging to, having by right. 
Veto, from the Latin, meaning " I forbid." 
Violate, to infringe, injure, or break. 
Void, having no legal or binding force. 
Volunteers, those who join the military or naval forces 
voluntarily, of their own free will. 

Ward, a minor, or person under the care of a guardian ; 
subdivision of a city. 

Warrant, an instrument authorizing an officer to seize an 
offender and bring him to justice ; that which warrants or 
authorizes ; to insure ; guaranty, security. 

Weir dam, a dam constructed to stop and raise the water 
for conducting it to a mill, for taking fish and the like. 

Will, testament, the disposition of a man's estate. 

Willful, obstinate, perverse, not yielding to reason. 



210 



I>~DEX. 



Judicial Department 32 

U. S.* 194 

Justices of the Peace 30-32 

Lands for benefit of schools 10 

" public 10 

" certain laws relating to.. 43 

Land companies 3 

Lake Erie, battle of 6 

Laws and their necessity 15 

" enactment of , 24 

Legislature. [See General As- 
sembly] 

Legislative Department U. S-*. 192 

Librarian, State 27 

Liens, law of 44 

Lieutenant-Governor 25 

Liquors. [See Crimes.] 

Loo Cabin, engraving of 12 

Marriage, 44 

Married Women, rights of 44 

McDonald, campaign of 3 

Measures 46 

Michigan Territory 5 

Mineral Resources, 14 

Missions 1-2 

Mortgages 43 

Naturalization of foreigners ... 18 

Normal Schools 36-37 

Northwestern Territory 1-5 

Xotaries Public 27 

Ohio, when admitted 5 

Ohio Company 2 

Ordinance oe 1787 4 

Pardons 25 

Parental Authority 6 

Penitentiary 39 

Perry, Commodore 6 

Personal Property 43 

Poll-Boors 21 

Pontiac War 3 

Posey, Governor 6 

Powers of Attorney 43 

President and Vice President, 

how elected 20 

President and Vice President, 
duties of. [See ceapters on 
Government of U. S] 

Real Estate 43 

Rebellion, war of 49 

Recorder 28 



Reformatory Institution for 

women 39 

Reporter of Supreme Court 26 

Reprieve 25 

Rights and Duties 15 

Salaries of State Officers 48 

" U. S. officers* 194 

Schools, and School Officers. 33-34-35 

School Lands 10 

Secretary of State 26 

Senators of U. S. how elected. . . 24 

U. S.* 191 

Senators and Representatives.. 23 

Settlements of French 3 

Sheriff, duties of 2 a 

Soldiers' and Seamen's Or- 
phans' Home 38 

Soldidrs from Indiana in late 

war 49 

State Bank, history of 8 

State Board of Education. ... 35 

State Prisons 39 

Statistics of Indiana 11 

1 Superintendents of Public In- 
struction 26-35 

i Superintendents of Schools... 34 

Supervisors of Highways 30 

Surveys, Government 10 

Surveyor, County 28 

Taxes, levy and collection of . . . . 42 

; Teachers, examination of 34 

Teachers' Institutes 35 

Tecumseh, Indian chief 6 

Topography of Indiana 14 

Towns 31 

Townships, and township officers 30 

Traders, Indian 1-2 

Trading Posts 2 

Treason, early laws concerning. 6 

[See Crimes.] 

I Treasurer of State 26 

" " County 28 

" " Township. .....' 30 

Trustees . 30 

Universities 36-37 

Vincennes and other early settle- 
ments 7 

Votes and Voters — See elections 

War of 1812 6 

" the Rebelliou 49 

WEIGHTS and measures 46 



IN DEX. 



[The reference figures refer to chapters, except those marked *, which refer 

to pages.] 



Academies 36, 37 

Agent, State 27 

Agricultural statistics 11 

Aliens, how naturalized 18 

Apprentices 5-44 

Articles of Confederation 188 

Assessors, duties of 30 

Attorney-General 26 

Auditor of county 28 

» State 26 

Ballots 20 

Bank. [See State Bank.] 

Bible in schools 35 

Blind Asylum 38 

Board of EDUCATiON-See schools 

Challenges of Voters 19 

Children, obedience of 6 

11 Colored, schools for. . . 35 

Church statistics 11 

Cities and Villages 31 

Claims, French and English 3 

Clark, General, campaign of... 3 

Clerk of Circuit Court 28 

" *' Supreme Couit 26 

Colonial Governments"* 188 

Colleges 36-37 

Commissioners 27-29-35 

Common Schools 33-34-35 

Commutation of punishment... 25 
Convention to consider Ordi- 
nance of 1787 5 

Convention, constitutional 7 

Constables, duties of 30 

Constitutions, the purposes they 

serve 16 

Coroner, duties of 28 

Counties and county officers 28 

County Superintendents of 

Schools 34 

Courts, organization and juris- 
diction of 32 

Crimes, early laws concerning. . . 6 
Crimes denned and classified. . .40-41 



Deaf and Dumb Asylum 38 

Deeds 43 

Descent of property 43 

Detroit, siege of 3 

Duty denned 15 

Election, first State 7 

Elections, how conducted, etc., 

19-20-21 

Electors, qualifications of 18 

" Presidential. [See Presi- 
dent] 

Eminent Domain 47 

Executive Department 25 

U. S.*.. 190 
Explorations 1 

Foreigners, how naturalized.. . 18 

Forts 1-2 

French and English difficulties 2 

" " '• claims 3 

General Assembly 7-23 

Geologist, State 27 

Governor, qualifications and du- 
ties of 25 

Governors, list of 13 

Government, organization of. . . 16 

11 forms of 16 

11 divisions of powers 16-17 

" of Indiana 17 

" of the U. S.* 188 

Harrison, Gorernor 5 

" campaigns against the 

Indians 6 

Hopkins, General, expedition of. 6 

House of Refuge 39 

Husband and Wife 44 

Indian Traders 1 

" battles with, etc 2-3-6 

Insane, hospital for 38 

Institutes, Teachers 35 

Interest 46 

Internal Improvements, 9 

Jesuits, French 1 



